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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