Auction Terms & Conditions 1. All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility.
2. The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final.
3. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.
4. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer's fees, Internet fees, any applicable DMV fees, and taxes due on all of bidder's purchases.
5. The "Auction Terms and Conditions" shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
6. All items are sold "AS IS-WHERE IS" without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions.
7. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
8. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
9. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. Certain items in the sale are being offered subject to reserve, which is the confidential minimum price below which such lot will not be sold. The Auctioneer has the right to place a bid for the consignor up to the Lot's reserve. Lots that fail to meet the reserve price maybe represented for sale in another auction.
10. The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cash, cashier's check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Any payment other than cash may be subject to an additional 3% administrative fee.
11. Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.
12. State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale.
13. All items are subject to a Buyers Premium. A Buyer's Premium is a auction fee assed in addition to the bid price. Specific auction items may be identified in the description of a particular lot to have a specific buyers premium or possibly no buyers premium; if not identified in lot description the default buyers premium is based upon the bid price of the lot sold at the following rate:
" $1.00 to $1500.00 = 15% Buyers Premium
" $1501.00 and Over = 10% Buyers Premium.
14. Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item from the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes.
15. Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 7 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser's failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day.
16. A $85 document processing fee, a $65 smog fee (if applicable), and a $30 DMV electronic filing fee will be charged by the auction company for every DMV purchase, whether sold independently or grouped into one lot and regardless of purchaser's intended use of the purchase. Customers demanding title will not be required to pay the $30 DMV electronic filing fee.
17. California law does not provide for a "cooling off" or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle.
18. Bar None Auction offers a 2-day cancellation option that applies only to passenger vehicles purchased for personal or household use. This cancellation option does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use, or any vehicle priced at or above $40,000. In order to exercise this option you must inform Bar None Auction at the time of purchase on that specific auction day. The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned by 5:00pm not more than 2 days following the date of the purchase contract. The vehicle must also be in the same condition and the mileage must not exceed the permitted (250) miles otherwise the option is void.
The cost for purchasing this cancellation option is as follows:
$0 - $5,000 $75 $100
$5,000 – 10,000 $150 $200
$10,001 – 30,000 $250 $250
$30,001 – 40,000 $1% $500
19. Funds must be certifiable prior to the processing or release of DMV documents. Title documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
20. If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer's sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer.
21. Bar None Auction makes no guarantee or assurance that internet bidding services will operate without interruption or that all services, products, features, functions, content, or operations will be available or perform at any particular time(s). Without limiting the generality of the foregoing, Bar None Auction is not responsible for 1) malicious code, delays, inaccuracies, errors, omissions, or mistakes in the Bidder's use of Bar None Auction's internet bidding services or any sites linked to Bar None Auction's internet services; 2) any interruption of internet signal to the Auction event and / or the cessation of transmission to or from our website or to or from our site by any third party; or 3) defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of others. Bidder assumes the entire risk of using Bar None Auction's internet bidding services, along with its associated features and functions.
22. Bidder agrees that Bar None Auction is not liable for any loss or damage incurred in connection with or arising from use of Bar None Auction's internet bidding services.
23. Bidder acknowledges 1) the limitations of Bar None Auction's internet bidding services and some messages; 2) that transmissions may not be timely processed [or not at all] and 3) that some services, features, or functions may be restricted or delayed. Bidder affirms that Bar None Auction assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or postings, or for any failure or delay therein associated.
24. Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.
25. "When operated in California, any on-road heavy-duty diesel vehicle, alternative-diesel vehicle, off-road diesel vehicle, or portable diesel engine may be subject to the California Air Resources Board's Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles, In-Use Off-Road Diesel Vehicle Regulation, or Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines Rated At 50 Horsepower And Greater. It therefore could be subject to retrofit, exhaust retrofit, or accelerated turnover requirements to reduce emissions of air pollutants. These vehicles may or may not be registerable with the CA DMV. For more information, please visit the California Air Resources Board websites at https://www.arb.ca.gov/dieseltruck, https://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm, or https://www.arb.ca.gov/portable/portable.htm." Compliance with these regulations and all cost associated with meeting ARB requirements shall be the sole responsibility of the buyer.
26. Some items are being offered for sale to out of state or out of country bidders. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b). Bidders purchasing Out-of-State items must be registered as an out of State buyer with Bar None Auction prior to bidding.
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