TERMS AND CONDITIONS
The auction will be conducted by Huisman Auctions, Inc., and Hasco Auto Sales (Auctioneer) on behalf of the owners of the property, referred to as the Seller. The term Auctioneer shall include, but is not limited to, any and all of its agents, employees, representatives, officers, and directors. The auction shall be governed by the terms set forth herein (the Agreement) and any pre-auction announcements.
All prospective buyers must be at least 18 years old and are required to register with Huisman Auctions, Inc. prior to bidding. Using the bid number or placing a bid shall be conclusive proof that the bidder acknowledges he/she has received, read and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facilities.
The Auction will be conducted by offering the items per lot, unless otherwise announced by the Auctioneer. Each lot or item is the subject of a separate sale. Auctioneer reserves the right to include in the auction any item and the right to withdraw any item. Auctioneer may combine, subdivide, regroup or reorganize any items. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid once the bid is accepted and/or Auctioneer says sold. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. If a dispute arises after the sale of any item, the Auctioneer’s records shall be deemed conclusive in all respects. All sales are final! Any price discrepancy that requires audio verification will have a charge of $25.00 cash per lot, to be paid at time of discrepancy. If buyer price was right, the $25.00 will be refunded along with any price difference.
It is the responsibility of each bidder to make sure that Auctioneer is aware of his or her intent to place a bid. As the high bidder at the auction, as recorded by the Auctioneer, buyer hereby makes an irrevocable offer to purchase the item identified by Auctioneer. Auctioneer disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct item and ensure that his/her bid is for the amount intended. Auctioneer is not responsible for errors in bidding, and Buyer hereby releases Auctioneer and waives any and all claims for bidding errors. Items may have a reserve; consignors have the right to “protect” any item they have consigned by bidding with the general public up to their reserve price.
The Auction Catalogue has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct, its accuracy cannot be guaranteed. No sale shall be invalidated, nor shall Auctioneer be liable as a result of defects or inaccuracies of any lot.
Buyer acknowledges that he/she has been provided the opportunity to inspect the property before bidding on and purchasing same. Buyer either has inspected the property or elected not to inspect the property at Buyer's sole discretion. Buyer is solely responsible for determining the condition of any property. Buyer represents and warrants that he/she is relying solely on Buyer's own investigation and inspection of the property and not on any information provided or to be provided by the Auctioneer.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Huisman Auctions shall endeavor to describe in detail each item and any pertinent information about it. Huisman Auctions will not be responsible for any errors or omissions in the description of the merchandise. Buyer acknowledges that some items may be returned merchandise, unusable and/or inoperative for any or certain uses.
Huisman Auctions is providing Internet pre-auction and/or live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Huisman Auctions or anyone other entity if the Internet service fails to work correctly before or during the live auction. Huisman Auctions will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the pre-bidding feature and leave their maximum bid 24 hours before the auction begins. Huisman Auctions, Inc. reserves the right to withdraw or re-catalog items in this auction. Huisman Auctions, Inc. reserves the right to cancel, postpone or re-open the auction for any reason including, but not limited to, technical difficulties, service outages, acts of God, etc.
Huisman Auctions makes no guaranties to –
(a) your use of the site will be uninterrupted, timely, secure, or error-free, (b) the results that may be obtained from the use of the site will be accurate or reliable, (c) the quality of any information or other material obtained by you through the site will meet your expectations, (d) the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site; or any other matter relating to the site.
In case of any errors or malfunctions of hardware or software, we reserve the right to cancel any transaction even if you have received confirmation of the transaction by email. We strive to make this system as stable as possible; however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or its services
ALL SALES ARE FINAL. All items sold AS IS - WHERE IS without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of
the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidder's responsibility to perform under the auction terms and conditions. Any shortages of lots must be brought to attention, before removal from auction site.
The Auctioneer, at his/her sole discretion, may reject, disqualify or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of this Agreement or any applicable law.
Photographs contained in the online auction are property of Huisman Auctions, Inc. and may not be used or copied without permission. Photographs may be cropped or have lighting changes but are not photo-shopped or “touched up” in any way. Photographs may or may not contain all the items in the lot, but all items must be taken if a lot is purchased; even if it is not represented in the photograph. Huisman Auctions, Inc. does it’s best to correctly represent all lots in the best manner through the photographs taken, but does not guarantee that all items in the photograph are part of the lot represented. Do not rely on our photographs alone for your bidding; make proper use of the inspection date.
Payment in full must be made at the conclusion of the auction. Payments to be made in cash, cashiers check, Visa, MasterCard, or certified check. Company and personal checks must have bank letter of guarantee or management approval. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees and taxes due on all bidder purchases. Huisman Auctions, Inc. reserves the right to refuse/require/limit certain payment methods to customers deemed high risk by management.
Upon making payment for an item, no stop payment of funds will be honored. Any stop payment order or reverse charges order of a check/credit card, or issuing a check which is returned marked insufficient funds, shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. (Note: Bidder deposit non-refundable upon non-payment of merchandise.) Absolutely no refunds, reimbursements or cancelations will be considered once the item(s) have been removed from the property. Huisman Auctions, Inc. may, at their own discretion, allow an item to be re-consigned if appropriate.
Interest on overdue accounts will be paid by the purchaser at maximum rate allowed by law.
An 11-15% Buyer’s Premium will be added to all purchases. Please see terms for each specific auction. Internet bidders are subject to an additional 5% Buyer’s Premium for online services.
State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale in the form of a Resale Certificate or a Bill of Lading (must be provided at time of payment).
REMOVAL OF ITEMS
Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchased items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, against any damage caused by the acts of purchaser. All items must be removed from the auction facility as per announced auction day, unless otherwise stated. All parts of the lot(s) must be removed. Buyer may not leave or re-consign part of any lot(s) deemed undesirable. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell or dispose of the items. Purchaser may be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items may result in a rental/storage fee of not less than $25 per item per day.
If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer's sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned to the place of sale.
Purchaser is responsible for insuring his purchases immediately. Huisman Auctions, Inc. shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item from the auction facility until all his purchases are paid for in full including all applicable taxes and fees.
Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents, employees and be held responsible for any minors with him/her. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
No photographs, tape recording and/or video recordings of any type are permitted without the express written prior approval of Auctioneer. It is understood, however, that Auctioneer, including its agents, representatives, may be taking pictures and video for future commercials or advertisements. The use of a photograph or video with Buyer's image or likeness is hereby authorized.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of California, and will be in all respects to be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of California. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree to jurisdiction and continuing venue for any such action in the County of Sacramento, State of California.
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder.
HUISMAN AUCTIONS, INC. All Rights Reserved 2015