Auction Terms & Conditions ONLINE AUCTION TERMS
Thank you for participating in Ness Bros Online Auctions. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding!
Registration for this auction (online) finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the auction items, all Bidders must be signed in through auctionflex.com. There is no fee to register, but a valid credit card will be required to verify identity. By bidding you are representing to Ness Bros ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. Ness Bros is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to regulate bidding and to accept or reject any or all bids. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any personal property item at any time.
Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved. The bidding will be open for 15 days. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined at follows: If a bid is place on Any Lot within five (5) minutes of the close of bidding, then another five (5) minute period commences from the time of the last bid until no bids are placed within the next five minutes. The last bid shall be made final
A Buyer's Premium of 10% will be added to the high bid and included in the total purchase price. In addition to a $1.00 credit card verification of identity fee.
Cash, Personal Checks, or Credit Cards may be used if picking up the items in person. If shipping items, a Credit Card charge is required. Credit Card Payment's will be accepted with an additional 3.75% Processing Charge and must be received by Ness Bros within 48 hours of the close of Auction.
24 Hrs Immediately following the close of the auction, the Buyer will be contacted by the Accounting Manger via email to: [email protected]
to confirm contact information and (shipping address and/or personal pick up) for items won at bid. The Accounting Manager will then gather your credit card information if you choose to pay for your items in that manner.
Pickup in person of items can be done @ 1264 E. 900 N , Huntington IN 46750. Within 10 Days After Auction Closes, coordinate with Auction Manager.
Packing and Shipping: The buyer is responsible for the shipment of all purchased property. As a convenience to the buyer, the Auction House will give your property to PakMail. PakMail will contact you with an estimate for packaging and shipping via email or phone after the Auction House has been paid. PakMail will pack and ship via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by PayPal or credit card. Buyer will be contacted within approximately 30 days for shipping arrangements, with shipping to follow. We are not responsible for any damage or loss that occurs while your objects are in another's care. The auction house and PakMail will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this. All international customs, duties, and other tariffs are the responsibility of the Buyer. The selling price will be the declared value for coverage during shipping in all cases.
If Buyer is a winning bidder and refuses or fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all deposit monies as liquidated damages to Seller. PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.
All items are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.
Ness Bros. represents the Sellers only and does not inspect merchandise on bidder's behalf. Buyers must conduct their own due diligence and investigation of the merchandise and must also investigate the suitability of each item prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.
All the information contained on the personal property was obtained from visual inspection or other sources deemed reliable, but is not guaranteed and may be in error. Seller DOES NOT WARRANT the accuracy thereof. Seller has made no independent investigation of any information provided, and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.
YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND
FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR
ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND
BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE
WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE
PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.