Personal Property Terms and Conditions
THESE ARE THE ADDITIONAL TERMS AND CONDITIONS FOR ANYONE BIDDING ON LINE FOR PERSONAL PROPERTY WITH BANG AUCTION, INC. (Bang)
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
1. CATALOG: Bang Auction Inc. (Bang) has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. Bang has not investigated the province and ownership records of the property and has solely relied upon the Seller. Therefore Bang is not responsible for the title to the property. Further, all lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. BANG DISCLAIMS ALL WARRANTIES OF ANY NATURE AND KIND INCLUDING BUT NOT LIMITED TO THE WARANTY OF FIT FOR THE PURPOSE INTENDED AND OWNERSHIP.
2. PAYMENTS: All sales are final. No credit card charge backs will be allowed. All accounts must be settled at the conclusion of the auction. We accept, Cash, Certified Funds, Visa, MasterCard, American Express and Discover. If paying by credit card, you will be charged for your purchases, plus buyer’s premiums, plus a 3% Credit Card Fee, and any applicable taxes. NOTHING will be charged to your card until a down payment and or purchase is made. If the Credit Card is denied you will pay the amount charged plus$50.00 and any other damages incurred.
3. DEFAULT OF BUYER: Successful bidder not paying for items on the date of the auction will be considered in default. Such default by the Successful Bidder will result in that Bidders liability to both the Seller and Bang Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Bang and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Bang.
In addition, Bang also reserves the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Bang in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Bang and any other costs or losses incurred by the Buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Hamilton County, Ohio at the option of both the Seller and Bang
Both the Successful Bidder and Seller shall indemnify Bang for and hold harmless Bang from any costs, losses, liabilities, or expenses, including attorney fees resulting from Bang being named as a party to any legal action resulting from either Bidders or Sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
4. SHIPPING: The winning bidder is responsible for picking up the personal property or having it shipped. If the winning bidder would like Bang will refer the Buyer to shippers, but Bang is not responsible once the personal property leaves the premises or items location.
5. PICK UP ITEMS: All pickups are scheduled in advance. Please see the pickup time and location as listed in the auction. Time is of the essence for any pick up. Any pick up outside of the times indicated in the auction must have prior written or email agreement with Bang or its seller It is the Buyers responsibility to be certain all items are included before removing boxes from the premises. Items not picked up can incur both a moving and/or storage fee. In the event the item is not timely picked up, the ownership is forfeited and possession is given to Bang Auction, Inc. unless there is a prior agreement confirmed by email.
6. BIDDING AND REGISTRATION INFORMATION:
BIDDER VERIFICATION: Bidding rights are provisional, and if Bang determines that identity verification is questionable, Bang has the right to reject the registration, and bidding activity will be terminated. The Seller and Bang reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, under legal age, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder’s user name is offensive or detrimental to Bang, then Bang reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. The Bidder must obey any and all local, state and federal laws. Violations will result in termination of web site use privileges and may require us to notify appropriate authorities.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
AUCTION END TIMES: Bang auctions are timed events and all bidding will close at specified time. However, our auctions also have what is called an 'Auto Extend' feature. Any bid placed within the final 5 minutes of an auction results in the auction automatically extending 5 additional minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid at the last seconds without having another opportunity to bid again.
7. TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Bang reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Bang shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
8. CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Bang’s, Bang reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Bang are final.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Bang and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions.
THERE ARE NO RETURNS PERMITTED. All SALES ARE FINAL..
All items are sold "As Is. Where Is" with all faults. All sales are final.
Please inspect your items at the time of pickup, once items leave pickup locations we do NOT accept returns or give refunds!
Once the property is paid for, the Bidder has taken title and the property may not be returned nor the moneys paid refunded.