| ONLINE AUCTIONS: Bidder and Auctioneer agree that the terms listed below shall govern this online auction sale. PLEASE NOTE: A Bid Deposit of $500.00 is required for this auction: This can be done when you register to bid online with your credit card. PAYMENT TERMS: A 10% Buyers Premium will be added to the final bid price to determine the total sales price. Payment must be received in full in the form of a cashiers check or electronic bank transfer within three (3) business days after completion of the auction before the equipment will be released for pickup. You may also pay with Visa, Master Card, Debit Card and PayPal. NOTE: An additional convenience fee of 3% will apply for PayPal, Master Card, Visa, and Debit Card Payments. NOTE: You may also pay with company check. To Pay by company check print the SAMPLE BANK LETTER OF GUARANTEE AND HAVE YOUR BANK FILL IT OUT ON THEIR LETTER HEAD AND SEND THE ORIGINAL LETTER WITH YOUR CHECK. VEHICLE TITLE TRANSFERS: "When Applicable to the Auction" The Fee for the Title Transfer will be $120.00 for a Private individual and $25.00 for a Licensed Auto Dealer. Call Mark at 813-641-3822 if you have any questions regarding the Title Work. PLEASE NOTE: The high bidder will be emailed an electronic invoice with the Bank Routing Number, Account Number and SWIFT Number for electronic funds transfer 6.5% Sales Tax will be charged unless the winning bidder has and presents their current 2010 tax resale certificate and or Dealers License. Fax to 941-827-9755 PLEASE NOTE: The high bidder will be emailed an electronic invoice with the Bank Routing Number, Account Number and SWIFT Number for electronic funds transfer All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. 1. PAYMENT: Payment for all purchases must be made by Electronic Wire Transfer or Cashiers Checks made payable to Atkinson Realty and Auction, Inc., unless otherwise noted in a specific auction's terms and conditions. All sales are subject to State Sales Tax Laws. Buyer must acknowledge and agree not to retract the purchase offer. 2. WARRANTY: No Warranty is expressed or implied. The descriptions of items appearing in the auction and in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner or Auctioneer concerning any item shall be construed as a warranty either express or implied. ALL ITEMS ARE SOLD AS IS - WHERE IS. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of said product. We are not responsible for the actions the sellers/buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'. 3. RECEIPT: Buyer will be furnished an electronic receipt at the conclusion of the sale. 4. REMOVAL: Merchandise becomes the full responsibility of Buyer at time of purchase, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Owner and Auctioneer agree that merchandise may remain on the sale premises for a reasonable period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction by auction basis, on the specific auction page. Unless posted otherwise any item or items not removed within 5 days from the conclusion date of the auction will be considered abandoned and will be resold. 4A. THE ITEMS LISTED IN THIS AUCTION MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE CLOSING DATE OF THE AUCTION. SHOULD THE ITEM(s) NOT BE REMOVED FROM THE AUCTION SITE THE BUYER WILL BE CHARGED A STORAGE FEE OF $15.00 PER DAY PER LOT AND WILL NOT BE ALLOWED TO REMOVE THE LOTS UNTIL ALL STORAGE FEES ARE PAID EITHER TO THE AUCTION COMPANY OR THE SELLER. 5. Adjustments and Modifications: Errors in estimates of merchandise inventory will be adjusted, but no adjustment will be made after equipment has been removed from the premises or after the removal date posted by Auctioneer, whether or not the property has been removed. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale. 6. Resale: Auctioneer reserves the right to resell any property not paid for in full within five days of the online auction item's closing date. Failure to pay for items won on this online auction will result in forfeiture of your deposit for expenses of resale, collection and damages resulting from the resale. The owners of property sold through this web site reserve the right to reject any and all bids, if they so choose. 7. Disputes Between Bidders: The final highest purchaser shall be designated at the end of each auction sale / item. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. 8. Injury, Damage and Indemnification: - Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to indemnify, defend and hold Auctioneer and Seller(s)harmless for any personal injury to himself or his agents, any property damage incurred on the sale premises, any and all claims, losses, damages, liabilities, judgments, fees and expenses related thereto, in connection with any claims arising out of, based upon, or resulting from any breach or violation by Bidder of this Contract or any use by Bidder of the auction sale or as a result of a dispute with another Bidder. 9. AGENCY: Auctioneer is acting as agent for the Seller/Owner only and is not responsible for statements made by other parties. 10. TERMINATION: This Bidder Contract constitutes a binding agreement between Bidder and Auctioneer until terminated by Bidder or Auctioneer, which Auctioneer may do so at any time, without notice, in Auctioneers sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction sale. Auctioneer reserves the right to terminate Bidder registration and use of the auction sale, and impose limits on certain features of the auction sale or restrict Bidder access to, or use of, part or the entire auction sale without notice or penalty. 11. Providing False Information and or not honoring your bid: You will be suspended or permanently banned from our site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from our site if you are the successful buyer and you do not honor your auction bid. Furthermore, if you do not honor your auction bid, your $500.00 deposit will be forfeited. 12. Our use of e-mail addresses is strictly used to contact buyers and sellers; any use of this private information by anyone else is strictly prohibited and we will take appropriate legal action. 13. HOLD HARMLESS: We cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means whatsoever, therefore we cannot guarantee continual, uninterrupted or error free service as our website could be interfered with by means out of our control. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer may void any sale, temporarily suspend bidding, re-start the bidding after any malfunction and re-sell any items that were affected by any malfunction. The decision of the Auctioneer is final. 14. PRIVACY: We gather information about our buyers and sellers for the purposes of conducting online auctions. We do not sell or rent this information. 15. MAILING LISTS: We use email mailing lists to notify our customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to us and we will promptly remove your name from our list. 16. BIDDING: As a bidder, placing a bid is a binding contract between you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The owners of property sold through this web site reserve the right to reject any and all bids, if they so choose. Thank you for using our site: Atkinson Realty and Auction, Inc. 7270 Kyle Court Sarasota, FL 34240 Phone: 941-361-1070 Fax: 941-827-9755 Mobile: 813-477-3615 or 813-477-3613 Toll Free: 800-756-4098
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