Payment and Pickup Removal Date: You will settle your account when you pick up your items. Pick up location will be 1007 SUMMIT AVE. GREENSBORO, NC 27405. PICKUP DATE IS NOVEMBER 19TH, 2018 10 AM-4 PM.
Terms and Conditions of Sale
These are the Terms and Conditions of Sale for this auction. They outline the relationship between you ("the bidder") and Pribble Auction Group. Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the bidder.
The Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the ONLINE auction itself and your rights and responsibilities as a bidder.
1. Registration: To gain access to the Auctioneer's bidding system, you will need to register and obtain a bidder number. You will be required to enter a credit card to register but no funds will be held. Following the end of the auction, you will have Monday, November 19, 2018 between 10:00 am and 4:00 pm to pay for all item on which you are the winning bidder. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.
2. Terms of Payment: Monday, November 19, 2018. Invoices will be printed. You will have between 10:00 am and 4:00 pm these days to come in and settle your account, as well as pick up your items. We will accept cash, certified funds, or credit card. A 5% convenience fee will be added to any credit card payment. You will need your printed invoice to pick up your purchases.
3. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
4. Conduct of Sale: All deposits, bids, and credits in the sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
5. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction, which will take place on Wednesday, November 7th and 14th, from 4:00 pm - 6:00 pm. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.
A. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given time. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
B. Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong items or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds neither for a refusal to pay amounts due to the auctioneer nor for any claim against Auctioneer.
6. Warranty and Conditions of Items Sold: All lots and items are sold "As Is, Where Is" with all faults, and with no express or implied warranties. No action taken by the auctioneer or its agents is intended to create an expressed or implied warranty as to any lot or term in this sale. The auctioneer specifically disclaims any expressed or implied warranted including, but not limited to, any warranty of merchantability, fitness for a particular use, conformity with environmental laws or requirements, non-infringement, accuracy, title or any other statutory or comment law warranty. It is believed that all descriptions are accurate but descriptions are not warranted.
7. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an email to [email protected] You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using our account and bidder number.
8. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to - at any time -(1) add or remove items from the auction (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event. (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interest. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.
9. Winning Bid: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.
10. All Sales Are Final!
11. Sales Tax: No sales tax will be collected on items purchases at this auction.
12. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of Your account being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.
13. Picking Up Your Items: You are solely responsible for the payment and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick-up and remove your items during the removal times that have been scheduled for this sale you can make arrangement thru the auctioneer.
A. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that you will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
B. Release upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be releases to any person unless that person presents a paid sales receipt listing the item in question.
C. Abandonment: You understand and agree that any item that you do not pick-up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
14. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies and all legal, collection, transportation and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
15. Non-Delivery: In the unusual event that an item has been totally miss described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem; your claim for non-delivery will not be honored. Claims for non-delivery may be filed by e-mail to [email protected] Your claim must fully describe the nature of the problem that you have identified.
16. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Campbell County, Virginia's Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Campbell County, Virginia. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counter party may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
17. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 16 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
18. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
A. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
B. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
19. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives - including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
20. Limitations: These Terms and Conditions do not - nor are they intended to - create any agency, partnership, joint venture, employer/employee, or franchisor/franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
21. Severability: If any term, provision, paragraph, condition, or other portion of this agreement - or the application of these to any person, place, or circumstance - is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
22. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Virginia.
23. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.