The bidder contract entered into between the bidder whose
name is signed below, the auctioneer and the owner. Bidder agrees that the terms
listed below shall govern this auction and he/she agrees with them.
Additional terms may be posted or announced from the
auction block which are just as binding as the terms below.
FULL PAYMENT: All items must be paid for in full
before bidder leaves the premises. Nothing may be removed until settled for.
Payment for purchases must be by cash or cashier's check or by business check
if announced by auctioneer or Visa, Master Card, or Discovery. All sales are subject to State Sales Tax laws.
Bidder agrees not to stop payment on checks/Credit Cards or disallow a sight draft and is
responsible for any expenses due to collection of bad check, in the event of
non-payment of bad check, the auctioneer reserves the right to repossess, at
any time at your location, the merchandise involved.
NO WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS,
WITHOUT GUARANTEE OF ANY KIND. The description of items appearing in
advertising prior to this auction are believed to be correct. Nevertheless,
neither those description nor any oral statement made by the owner (or his
agents or officers) or by the Auctioneers ( or his agents or officers)
concerning any item shall be construed as a warranty, either expressed or
implied. I, bidder have examined this merchandise and accept it the way it is.
DISPUTES: The Auctioneers shall designate the
winning bidder after each item is auctioned off. If a dispute arises between
two or more bidders, the Auctioneers reserve the right to reopen the bidding.
The Auctioneers designation of a buyer shall be final.
BUYERS RESPONSIBILITY: After a bidder has won the
bid with his/her high bid, they have become the new owners of the item, even
though they may not have paid for the item yet. The item(s) becomes the full
and sole responsibility of the buyer at this point, and buyer assumes all
risks of loss and damage. Buyers should guard their items accordingly.
REMOVAL OF ALL ITEMS/PROPERTY: Buyer has
__________ calendar days (including auction day) to remove his/her
items/property from premises. All items/property purchased must be completely
removed from the premises without exception. Expenses incurred by owner for
cleanup and/or debris removal of buyer's items/property remaining at the end
of the _______ day period will be billed to the buyer. Buyer will make every
effort to not damage another buyer’s purchased items/property while removing
his own items/property.
BINDING ARBITRATION: The Parties agree that in
the exclusive course of action in any litigation or dispute concerning the
enforcement of this agreement shall be by binding arbitration within County of
Midland, State of Michigan and the Michigan law shall govern.
INJURY AND DAMAGE AND HOLD HARMLESS: Bidder
acknowledges responsibility for any personal injury or property damage caused
by bidder or his agent, and further agrees to hold auctioneer and owner
harmless for any and all personal injury to himself or his agents and any
property damage incurred on auction premises. Buyer agrees to hold auctioneer
and owner, their agents or employees, harmless from any and all suits, claims,
damages, cost and expenses of every kind and nature which may or might be
asserted against the auctioneer or owner, their agents or employees, resulting
from the actions or inactions of buyer, Buyer agrees and understands that by
law employers are required to carry worker's compensation coverage for its
employees. Buyer is responsible for the providing of worker's compensation,
liability and property damage insurance as respects their property and
contractual obligation.
AGENTS ONLY: The auctioneers are acting as the
owner's agent only.
I HAVE READ THE BIDDER CONTRACT AND HEREBY AGREE TO
THE ABOVE TERMS AND CONDITIONS OF AUCTION.
Name (print) ____________________________________________________