OSBORNE AUCTION SERVICE LLC (OAS) ONLINE AUCTION TERMS & CONDITIONS
As-Is, Where-Is: All sales are final. All items are sold as-is.
Legal Courses of Action: Internet bids are a contract and you are responsible for honoring them. If you cannot satisfy the terms of the auction please do not bid. Every legal remedy available may be used to insure the performance of winning bidders. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each seller and auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses including reasonable attorneys' fees and expenses related to, arising from or associated with buyer's, his agents or representatives, use of the site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, and arising out of, based upon, or resulting from any breach or violation by bidder of this site user agreement or any use by bidder of the site or as a result of a dispute with another bidder.
Limit of Liability: In no event will our liability to a purchaser exceed the purchase price actually paid. Auction company cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The auction company, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction or for any other reason. The decision of the auction company is final. Auctioneer is providing services as an independent contractor for the owner/seller only and is not responsible for statements made by other parties.
Bid Rejection and Reserves: Osborne Auction Service LLC reserves the right to reject any and all bids if they so choose.
Sales Tax: No sales tax for this auction. Items will remain on location, therefore, no sales tax will be charged.
BUYER’S PREMIUM: A buyers' premium of 10% will be added to the winning high bid. (For instance, if you win an item for a bid of $10, an additional $1 will be added to the final price for a total of $11.)
Merchandise Removal or Forfeit: Buyer shall be responsible for making arrangements for merchandise removal during designated pick up days in Midland, Michigan. If a buyer does not pick up their items within the scheduled pickup days, OAS reserves the right to suspend bidding for future auctions. Note: It is the buyer's responsibility to remove purchases from seller's premises. Buyer’s should be prepared to disassemble, wrap, load, lift, and haul their purchases. Please plan accordingly. Auction company, sellers or their agents shall not be responsible for any damage to item, vehicle/trailer or personal injuries incurred on sale premises or during removal and transport. Items not removed during the designated pick up days will be forfeited and no refund given.
Payment: Credit cards on file will be chared immediately after the auction. We can only access and charge the card you used to register for the auction. Credit card purchases are limited to a maximum purchase or charge of no more than $2,000. If your invoice total is more than this limit, $2,000 will be charged to the card after the auction has finished and the balance is due through a wire transfer to OAS. Wire transfer information can be received via email after the auction ends by requesting the documentation from OAS via email at osborneauctions@gmail.com. Invoices must be paid in full before items are removed. No payments will be accepted at the pick up location. Buyer agrees that they will not file a charge back with their credit card company for any reason including failure of the winning bidder to pick up their items won and paid for. All disputes MUST be discussed directly with the auction company.
Shipping: Shipping not available.
Assessment of Condition: Most descriptions on our online auctions are provided by the sellers and bidders should rely solely on personal inspection and not on information listed on the site or otherwise provided by auctioneer or seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale.
Auction Co.'s Right to Terminate Purchase: If for any reason Osborne Auction Service is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that OAS may terminate the purchase/agreement, in which case Osborne Auction Services only liability shall be the return of any monies actually paid by buyer. This reason for termination would also include a missed reserve or minimum price or the seller's unwillingness to release said item. OAS also reserves the right to settle all disputes that may arise between bidders, sellers or auction company. In the event that the written description of a listed item is in contrast with (or is in any variation from) the pictures accompanying the auction listing, it is at the discretion of Osborne Auction Service as to whether or not the sale will be completed or terminated.
Auction Co.'s Right to Suspend Bidding: Auction company may for any reason suspend a bidder's bidding privileges, without notice, if they feel it is in the best interest of the auction company or the seller. A bidder's bidding privileges will be suspended or permanently terminated if the bidder provides false information when registering to bid. Auction company may also suspend bidding for any reason on an individual item or the entire auction.
Consent to Suit in Michigan: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Midland County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties' transaction hereunder.
You Must be at least 18 years old to place a bid.
DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE AND THAT YOU CAN PAY FOR AND PICK UP YOUR ITEMS WITHIN THE PERIOD ALLOWED. BY BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS ABOVE.
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