ONLINE AUCTION TERMS & CONDITIONS
A Walt Stout Auction will be referred to as "Stout Auction" or "Auctioneer" in these Terms and Conditions.
1. Any bidders participating or registering for the auction agrees to be bound by and accepts these terms and conditions.
2. All bids are subject to a Buyer's Premium payable by the purchaser of thirteen percent (13%) of the bid price. The buyer's premium is added to your successful bid (the hammer price) and together equals the "total purchase price" of that lot. When the auction ends, the highest bidder will have purchased the offered lot. This purchase is subject to all the terms and conditions set forth herein.
3. At the conclusion of the sale, all winning bidders will have their credit cards (registered with "Hibid") charged the "total purchase price" of all items purchased during the sale.
4. For any special payment arrangements, questions, or concerns please contact A Walt Stout Auction at least 48 hours prior to the sale.
5. Bidders must be at least 18 years of age to participate or register in the auction.
6. Bidder/buyer is aware and responsible for all bids made (bid amount and lot number) on their paddle/buyer's number.
7. If applicable, if a bidder is exempt from paying his/her respective state sales tax, a copy of the bidder's state sales tax exemption form, clearly indicating the exemption number, must be filed with Stout Auction prior to the start of any auction or you will be automatically charged the applicable sales tax.
8. Any bidder who is not in good standing with Stout Auction may be disqualified or declined with such determination made by Stout Auction in its sole and unlimited discretion at any time prior to, during or even after the close of the auction.
9. All items and lots are sold on an "AS-IS", "WHERE IS" and "WITH ALL FAULTS" basis "WITHOUT EXCEPTION" with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being "used and/or pre-owned and/or aged" are at some level of defective. Buyers agree to not "stop payment," "cancel" or "charge back," etc., any credit cards, debit cards and/or checks. The Auctioneer and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer's sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots during the inspection period. Again, all Buyers are strongly urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the Auctioneer. Buyer also agrees that any oral, written or electronic representation made by the Auctioneer shall not modify these 'AS IS - WHERE IS' terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Company or Seller for any errors or omissions.
10. In every case where samples of the lots are shown, these samples, to the best of our belief, are true and fair, but bidders are cautioned that they must make examinations of lots before the sale and no allowance will be made on account of any difference between the sample and the lot. The location of every lot is obtainable from the auctioneer and it is the duty of the purchaser to make examination before the sale. In case of lots sold by description, the information has been obtained from reliable sources and is believed to be correct, but cannot be guaranteed. Please contact the auction company for any specific questions regarding a lot or lots.
11. No deduction shall be allowed for damaged articles, since all goods are exposed for public viewing at a scheduled preview and/or personal viewing of the picture(s), and sold "as is" and without recourse. Any questions regarding any item up for sale shall be addressed prior to the start of the auction. ATTEND THE PREVIEW!
12. If applicable, Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary Public. The Buyer will pay the applicable taxes and fees related to the title transfer process. The Buyer and Seller understand that the Auctioneer and Auction Company are not notaries nor involved in the transfer process. No responsibility or liability is assumed by the Auctioneers and Auction Company for the transfer. Upon availability, titles will be transferred within 30 days of the close of the auction unless an extension is warranted.
13 A Walt Stout Auction will be held harmless in the event of any technical difficulties resulting in the inability to track pre-bids prior to the auction and/or online bids on the day of the auction. All best efforts will be made to ensure that all online bids are acknowledged.
14. No claims will be allowed after the removal of goods from the auction location.
15. The auctioneer shall not in any event, be liable for the non-delivery or for any matter or thing to any purchases of any lot, except for the return to the purchaser any deposit or sum paid to the auctioneer on said lot, should the purchaser be thereto entitled.
16. Any item /items not paid for and/or not picked up on the advertised pick-up date and time will be considered forfeited unless prior arrangements have been made. There will be an additional fee for the re-scheduling of missed pickup date and/or times.
17. Bidders shall be held liable under these terms and conditions of the sale. All persons acknowledge they have full knowledge of these terms and agree to be bound thereby. The auctioneer reserves the right to add one or more terms and conditions of the sale with proper notification.
18. Bidder and Stout Auction agree to mediate any dispute or claim arising between them out of this auction or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any shall be divided equally between the parties involved. For any dispute or claim to which this paragraph applies, if any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney's fees, even if they would otherwise be available to that party in any such action. Any litigation resulting from this sale or any resulting transaction will be conducted in the Court of Common Pleas of Greene County, PA.
19. The auctioneer is acting as agent only and is not responsible for the acts of his principals.
20. No employee, other than the auctioneer, is authorized to alter these terms.
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