1. PAYMENT: Upon sale completion, credit card provided during registration WILL NOT automatically be charged, however invoices not settled within 24 hours WILL BE charged to supplied credit card. E-mail invoice will be sent following sale closing. All purchases must be PAID FOR IN FULL within 24 hours of sale close, prior to removal of item(s). Payment may be made in the form of CASH, Cashier's Check, Personal or Company Check with Bank Letter of Guarantee only, Visa, MasterCard, Discover or American Express. Buyer shall pay any and all applicable taxes unless exempted by law. Proof of tax exemption must be provided at time of purchase. Buyer acknowledges that Seller has provided the opportunity to inspect item(s) before purchase and buyer is responsible for full payment whether buyer has or has not taken the opportunity to inspect the item(s). Buyers outside the 48 states must pay with cash or wire transfer.
2. REGISTRATION: All bidders are required to register through the website with a valid email address, mailing address, phone number and credit card information prior to bidding. Persons not giving this correct or valid information will not be allowed to bid on this auction. Each bidder will be required to establish a unique user name and password; please keep this information safe as bidders will be responsible for all purchases made under their unique user name and password. A credit card authorization will be required at time of registration, however the credit card will not automatically be charged. This security feature is to deter fraudulent bidding. Invoices will be emailed to successful buyers at the close of the sale and payments will be accepted under the terms of payment. EARLY REGISTRATION IS RECOMMENDED. REGISTRATION IS REQUIRED FOR EACH AUCTION. TERMS & CONDITIONS ARE POSTED AND IT IS BIDDERS RESPONSIBILITY TO KNOW TERMS, WHEN YOU REGISTER YOU REQUIRED TO SELECT THAT YOU HAVE READ AND AGREE TO ALL TERMS.
3. BUYER'S PREMIUM: A 13% Buyer's Premium (BP) will be added to the successful bid amount on all items. A 3% Discount will be provided for all purchases made by CASH or Check. Once totaled, this will establish the final sale price plus any applicable taxes.
4. ACCEPTANCE OF TERMS: A bid by any person shall be conclusive proof that the person has become acquainted with these terms and conditions of sale and has agreed to be bound by such.
5. DESCRIPTIONS: Though all descriptions and commentary are believed to be correct, neither the Auctioneer, Auction Company nor Seller make any warranties or representation of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.
6. ALL SALES FINAL: All sales are final and all property is sold "AS IS, WHERE IS". It is the bidder's responsibility to determine condition and usefulness of the item(s) purchased. No Refunds will be made. IT IS THE BIDDERS RESPONSIBILITY TO PREVIEW OR INSPECT THE ITEMS BEFORE BIDDING. PLEASE BID RESPONSIBLY.
7. FRAUDULENT BIDDERS / UNPAID INVOICES: By accepting the terms and conditions of this sale you are entering into a binding contract and if you are the successful bidder on any item you will be required to pay for the items in accordance to the terms set forth in the terms and conditions of the sale. When placing your bid on an item, you are entering a legal and binding contract. Cold Creek Auction reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidder's involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions. For any unpaid invoice Cold Creek Auction WILL turn all uncollected amounts over to a collection agency for collection. IF YOU DO NOT WANT THE ITEMS OR CANNOT MEET THE LOAD OUT DEAD LINES THEN PLEASE DO NOT BID.
8. TRANSFER OF OWNERSHIP, REMOVAL & THEFT: To receive title at invoice settlement a payment of CASH or CREDIT CARD will need to be made. If a CHECK is presented at load out Cold Creek Auction will not release title until after any applicable banking waiting period. All property shall be removed from the premises by the purchaser at purchaser's own risk and expense within 24 hours of sale closing. If you can't make that deadline your credit card will be billed for your purchases. If you can't make it to pick up your items within the time provided, please call. If you fail to pay for items, it will be turned over to the district attorney's office or our attorneys for collection; court costs, storage fees, and any other costs incurred will be collected. If purchased lots are not removed within the allotted time, the Buyer shall be liable for any moving and storage costs incurred and or if not removed, the items will be deemed abandoned. Items abandoned longer than 14 days after the load out terms will become property of Cold Creek Auction and all payments will be forfeited.
9. RESERVE AUCTION AND RESERVATIONS: The Auctioneer and Seller reserve the right to accept or reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller. Auctioneer also reserves the right to withdraw any item prior to sale closing.
10. PERSONAL INJURY, FIRE OR THEFT: Persons attending the auction preview, the auction or during the removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer, Auction Company and Seller from liability thereof. Neither the Auction Company nor its principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft.
11. REMEDIES: If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option may (1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all cost incurred, or (2) cancel the sale, retaining all liquidated damages on all payment made by purchaser, Auctioneer commission and all other incidental damages will be charged.
12. AGENCY: Auctioneer is acting as an Agent and Agent only and is not responsible for the acts of his or her Principals.
Thank you for your patronage. We hope you enjoy today's auction. Should you need our professional auction services, please give us a call. We appreciate your referrals.
Professional Auctioneer Tracy L. Hagen, TX License #17318.