TERMS & CONDITIONS

TERMS OF SALE
NOTICE: ALL BIDDERS AND OTHER PERSONS ATTENDING THIS SALE AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS OF SALE AND AGREE TO BE BOUND THEREOF:

1. IDENTIFICATION: All purchasers are required to give full company name, address, phone number and signature.

2. DEPOSIT: Each Purchaser is required to make a deposit in cash for 25% of the bid price for each lot purchased. In default of such deposit, the lot may be put up again immediately and resold, or resold at private sale without further notice.

3. MANNER OF PAYMENT: All checks for deposits and balances due are to made payable to R. J. MONTGOMERY & ASSOCIATES, INC. ALL CHECKS ARE TO BE CASHIER'S OR CERTIFIED FUNDS. NO PERSONAL CHECKS WILL BE ACCEPTED!!!! All bills must be paid to representatives of the auctioneer on the premises. The full purchase price, on all lots purchased, must be paid prior to the removal of any lots.

4. COMPLIANCE WITH TERMS OF SALE: In default of payment of bill in full within the time limit stated, the auctioneer may retain all monies received as deposit or otherwise as liquidated damages. Any lot not fully paid for within the time stated will be resold at public or private sale without further notice. Any deficiency, together with all expenses and charges of resale will be charged to the defaulting purchaser.

5. A 10% BUYERS PREMIUM WILL BE CHARGED AT THIS SALE.

6. 6% SALES TAX WILL BE CHARGED, UNLESS YOU CLAIM EXEMPTION IN WHICH CASE WE WILL NEED A OFFICIAL COPY OF YOUR SALES TAX LICENSE.

7. CONDITION OF ARTICLES SOLD: The auctioneer shall not be held responsible for the correct description, authenticity of or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside or allowance made for any incorrectness, error in cataloging or any imperfection not noted. No allowances or deduction will be made on damaged articles. All goods are exposed for public exhibition and sold "AS IS" and without recourse.

8. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also add property not listed to this sale. The auctioneer may group lots or subdivide lots in order to benefit the seller. The auctioneer reserves the right to sell the property listed in bulk.

9. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items are sold in this manner, the purchaser will be billed accordingly. If upon delivery a shortage exists, the purchaser will receive a refund at the rate of purchase. However, if, upon delivery, there is an excess the purchaser will be billed in the same manner and be required to take the excess.

10. RESERVE: The auctioneer reserves the right to accept or reject any and all bids. If there is a reserve on a lot, the auctioneer has the right to bid on behalf of the seller.

11. DISPUTE BETWEEN BIDDERS: If any dispute arises between bidders, the auctioneer may decide the same or put the lot up for sale again at once. The auctioneer's decision is final and absolute.

12. REMOVAL: No lot can be removed, on any account, during the auction sale. Removal is at the expense, risk, and liability of the purchaser. Purchases will be released only on presentation of a paid bill. The auctioneer will not be responsible for items not removed within the time allowed. The Auctioneer does have the option to remove and store, at the risk and expense of the purchaser, any article purchased but not paid for and removed within the time limit mentioned earlier. It is the responsibility of the buyer to completely remove any article purchased by him, and should any part of any such article be abandoned, the buyer will be liable for any expense involved in its removal.

13. THIRD PARTY PICK-UP: Any buyer having someone, other than himself, pick-up his purchases must notify the auctioneer in writing.

14. CLAIMS: No claim will be allowed after removal of goods from the premises.

15. RESPONSIBILITY FOR NON-DELIVERY: The auctioneer is not liable, in any event, for the non-delivery to any purchaser of any lot purchased.

16. RECORDS: The record of the sale that is kept by the auctioneer and his bookkeeeper will be taken as final word in the event of a dispute.

17. AGENCY: The auctioneer is only an agent and is not responsible for the acts of his principal.

18. RISK TO PERSON AND PROPERTY: Any person attending the inspection day, auction sale day or during the removal period assumes all risks of damage or loss to person or property, and specifically releases the auctioneer and his principal from all liabilities. Neither the auctioneer nor his principal is responsible for any defect or for the condition of the premises on which sale is held.
 

 

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