TERMS AND CONDITIONS

ATTENTION! By registering for this Auction, you are entering into a CONTRACT to purchase items offered under the following contract Terms and Conditions. 

~~~~~This Auction is conducted by Williamson Bros. Realty & Auction Co., Inc. GAL 2585

~~~~~TERMS & CONDITIONS for PERSONAL PROPERTY ONLINE-TIMED AUCTION ~~~~~

CONTRACT TO PURCHASE:  By registering for this auction you are entering into a contract to purchase items as offered in this public online timed auction & are agreeing to ALL Terms & Conditions.  These Bidder Terms and Conditions apply to Auctions conducted by Williamson Bros. Realty & Auction Co., Inc GAL 2585 ("Auctioneer"), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and each Bidder. These Bidder Terms and Conditions also form the basis for the contract of sale between the Seller and the Buyer.

REGISTRATION FEE:  Online Bidding Registration requires a $300 Registration Fee by Credit/Debit Card.  The Registration Fee can be applied toward your purchases or will be fully refundable if Bidder does not win any purchases.

SETTLEMENT:  The United States and State Laws for failure to pay shall apply. The Buyer agrees to make agreed settlement after the Auction closes beginning at NOON the following day by Wire Transfer ($25 Fee added), in U.S. Currency, Bank Certified U.S. Funds, Company Check.  See Important Information for payment deadlines.  Auctioneer reserves the right to use Bidder's BidSpotter Card on File to process payment for balance due if Bidder fails to make payment by the deadline. 

Major Credit & Debit payment cards are accepted for payments up to $2,500.00.  Maximum payment accepted on any form of Payment Card is $2,500.00.  

CARD PAYMENT FEES:  A 4% Fee will be charged & added to Buyer's Balance Due for payments by Credit & Debit Cards.  

NOTE Auctioneer may require that the payment of large amounts be made by Certified Funds or Wire Transfer.  In default of payment the Auctioneer in addition to all other remedies allowed by law, will retain any monies received and resell the property at public sale without further notice. Any deficiency, including expenses of resale, will be charged to the defaulting Buyer.

CREDIT CARD CHARGEBACK WAIVER:  By accepting the Terms of the Auction Company, the Bidder/Purchaser (YOU) paying by credit card has hereby waived their right to any and all credit card recourse, chargebacks, or Credit Card Company’s refund terms, and accepts the Terms of the Auction Company including written, posted, & announced during Auction.  Buyer agrees that such you will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction. You further agree that if, in violation of these Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of your agreement not to initiate a credit card chargeback; and you acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, you initiate a credit card chargeback, even if successful, you will remain liable for all purchases made at the Auction, and you will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card chargeback and in collecting payment. Your agreement not to initiate a credit card chargeback is a condition to your Registration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement for Auctioneer to accept your Registration and to permit you to bid at the Auction. Auctioneer is relying on your agreement not to initiate a credit card chargeback in accepting Your Bidder Registration and in permitting you to bid at the Auction.  Bidder hereby accepts this Registration and the Terms herein including all Bidder responsibilities of inspection and that all Property is being sold AS-IS/WHERE-IS (caveat emptor).

RETURNED PAYMENTS:  Each instance of a returned/unaccepted check or other form of payment not honored by Buyer’s Financial Institution will incur a $30 or 5% fee whichever is greater, in addition to Buyer’s balance owed.  Events outside Georgia will incur maximum fees allowed by law.  In addition, any previously allowed discounts no longer apply, will be reversed & due from Buyer.

WIRE TRANSFER FEES:  EACH Wire Transfer will incur $25 fee which will be added to Buyer’s Invoice.  Multiple Wire Transfers will incur multiple fees

BUYER'S PREMIUMS:  18% Buyer's Premium will apply. This Buyer's Premium will be added to every purchase to make up the sale total.  Buyer's Premium is sales-taxable.

REGISTRATION:  Bidders represent and warrant that this registration is made for the Bidder alone and not on behalf of any other person. The Auctioneer reserves the right to revoke any Bidder Priviliges at any time.

INTERNATIONAL BUYERS:  Prior to being approved, International Bidders MUST provide a copy of your Contract for Services Agreement & Power of Attorney with a U.S. Freight Forwarder that is capable of meeting all export licensing requirements.  Williamson Bros. Realty & Auction Co., Inc. WILL NOT act as shipper / exporter (PPIN) under any circumstances.

Any successful international bidder/purchaser will be required to complete a Bureau of Industry and Security form BIS-711 disclosing the intended use or purpose of the item purchased. This form will be furnished to you by the auctioneer for completion and will be sent when you are invoiced for your purchase.

INSPECTION:  Bidders agree to physically inspect the property prior to Auction & to rely exclusively upon his/her inspection in order to bid. Bidders choosing not to physically inspect prior to bidding hereby waives his/her right to physically inspect and agrees to purchase the items without the benefit of physical inspection. All property is sold AS-IS, WHERE-IS without guarantee of any kind.  By bidding, you acknowledge and agree that you have had a full and fair opportunity to inspect the Lot(s), and that you are relying solely on your inspection and investigation, or that you have waived inspection & investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by Seller or anyone acting as agent or representative of a Seller (including Auctioneer). In addition, you acknowledge and agree that all photographs or other images of Lot(s) are adequate for your purposes.  

DESCRIPTION:  Auctioneer endeavors to accurately describe and photograph each item offered for bid. Although all information has been obtained from sources deemed reliable, the Auctioneer and Seller make no guarantee whatsoever to the accuracy of any printed or electronic materials. The descriptions, grading, hours, model numbers and/or age of Items are NOT guaranteed or warrantied. Therefore the bidder or buyer shall indemnify and hold harmless Auctioneer, and Seller, including agents of, from any errors and omissions concerning descriptions and photographs.  The Bidder or Buyer should rely on his/her physical inspection and his/her own due diligence in order to bid.  

GRADING:  All parties participating in this auction event accept & agree that "grading" of any Lot/Inventory Item is subjective, being offered ONLY as an OPINION by the Seller. Bidder is responsible for performing a thorough physical inspection of all items & assessing the condition of the items, therefore the Bidder should not rely solely on the opinion of the Seller.

PHOTOGRAPHS:  If an item is unavailable for a photograph, we reserve the right to use substitute photos of like-kind items.

QUANTITIES:  Items are SOLD TIMES THE MONEY unless otherwise indicated. All items are sold with the quantities guaranteed. If a quantity deficiency is found, you will be refunded for the number of items missing. A QUANTITY DEFICIENCY DOES NOT ALLOW YOU TO ABANDDON THE PURCHASE. If a surplus is found, you will be given the opportunity to purchase the surplus quantity for the bid price plus the fees.

MEMORANDA OF SALE:  All transaction records are maintained with time stamps on the Auction platform’s software. These records will be taken by the Bidder or Buyer as absolute and final in all disputes.

NO WARRANTIES:  All property is sold AS-IS, WHERE-IS with all faults. There are no warranties, representations or guarantees, as to quality, character or condition of the property. The implied warranty of merchantability is expressly disclaimed. Buyers shall not be entitled to any adjustments or allowance, rescission, damages or any remedy or claim as to quality, character or condition of any property purchased by the Buyer or Bidder.

ACCESSORIES:  All accessories will be separate (not included) from the item(s)/equipment sold unless otherwise stated. Unless noted, Inflatables are offered without blowers, mats, straps and/or stakes. Unless noted, tents are offered without straps and stakes.  

RISK OF LOSS:  The Auctioneer and Seller(s) are not responsible for any lost, damaged or stolen property, of any kind, regardless of circumstance. The Buyer assumes delivery, full responsibility and accepts all risk of loss for any property purchased from the time the Auctioneer accepts the Buyer's bid regardless of the check out or closing process.

THEFT:  The theft of any property should be reported to the local police. It is the right of all auction Buyers to prosecute anyone caught stealing to the fullest extent of the law.

CHECKOUT & REMOVAL:  The Buyer has no right of abandonment whatsoever. The Buyer agrees to remove all purchased property within the guidelines & times announced or posted. Property not removed within the time specified will be resold or disposed of by the Auctioneer or Seller without additional notice and in addition to all other remedies allowed by law, the Auctioneer will retain all monies received and add any deficiency or expense associated with resale or disposal of the property to the defaulting buyer.  Riggers, movers, electricians or anyone working as such must provide the Auctioneer with proof of insurance.  The coverage must be at a level acceptable to the Auctioneer and Seller. All removal expenses and the repair of damages caused by removal are at the risk and expense of the Buyer and/or their agent unless otherwise stated on the Auction invoice.

AUCTION SITE NOTICE:  Bidders or Buyer acknowledges that the Auction site is a potentially dangerous place. Every person attending the auction sale at all times shall be there at their own risk, with notice of the conditions at the premises, the activities on the premises, and the conduct of third parties now given. Buyers shall so advise their agents and employees. The Bidder or Buyer agrees to indemnify and hold the Auctioneer and Seller harmless from any claims or damages. No person shall have any claim against the Auctioneer, his agents, employees or principles regardless of personal injury, loss of life or damages to or loss of property. Bidder or Buyer also acknowledges responsibility for his actions and conduct and the action and conduct of their agents and employees throughout the sale and checkout process.

DISPUTES:  Any disputes that arise during the course of the sale or pay period shall be decided by the Auctioneer. The decision of the Auctioneer shall be final and absolute.

COMPETITIVE BIDS:  All offerings whether real or personal property are subject to competitive bids. In the event an offering does not have the benefit of competitive Bidders, the item may at the Auctioneer’s discretion, be withdrawn from Auction.

VEHICLE TITLES:  All Titles will be mailed certified mail within 15 business days, but in any event the Title will not be issued prior to your check or payments clearing the bank.

CONSIGNMENTS:  Auctioneer hereby gives notice to Bidders that some items being sold may be consigned by third parties.

ANNOUNCEMENTS:  Announcements written, posted online, or verbally made by the Auctioneer prior to and throughout the sale period shall become a part of this Agreement. 

SALE ORDER CHANGES:  The Auctioneer reserves the right to withdraw items, alter the sale order, bid on Seller’s behalf, and group Lots as he deems appropriate.

SALE CANCELLATIONS:  All Auctions are subject to cancellation without notice.

ABSENTEE BIDS:  Absentee bids will be bid proxy from the Auctioneer and staff.

SELLER DEFAULTS OR MISCONDUCTS:  The Bidders and/or Buyers will indemnify and hold harmless the Auctioneer from the Seller's defaults, misconducts or negligence in regards to matters of quantity, condition, of title or failing to close on a sale of an item or failing to disclose defects of any kind including that of hazardous waste. Buyers and Bidders will look to the Seller in these matters. All Property sold with Reserve unless otherwise advertised.

COMPANY AS AGENT:  Williamson Bros. Realty & Auction Co., Inc. and its Principal Auctioneer Sam Williamson GAL 2585, are acting as Agents for the Seller exclusively.  Company & Auctioneer are NOT your agent or representative, and are not acting on your behalf.

RESERVATION OF SERVICE:  The Auctioneer reserves the right on behalf of the Seller to refuse service or admittance to anyone whether notice is given verbally or written.

ONLINE BIDS RESPONSIBILITY:  Bidder (You) are responsible for all bids transmitted from your computer or other electronic device or from your Bidder Account. If a Winning Bid is sent from your computer/devices or using your Bidder Account, you will be the Buyer on certification by Auctioneer.

TECHNOLOGY ISSUES/DISRUPTIONS:  Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up of the online Auction, (iii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the Auction because of disruptions caused by technology failures or errors, even after bidding has commenced.

REGISTRANT INFORMATION & EMAIL: Registrants grant Auctioneer permission to share registration information with affiliates.

SALES TAX:  Applicable sales tax will be collected from Buyer at checkout.  Proper forms & current & active sales tax certificates must be provided for exemption on qualified purchases.  Buyer must provide Auctioneer actual copy of Sales Tax Exemption Documentation for qualified purchases per each State’s Laws/Regulations.

JURISDICTION:  These Terms & Conditions are subject to the Laws & Jurisdiction of the County of Athens-Clarke County & the State of Georgia.

SURVEILLANCE/RECORDING:  Attendees are hereby notified that Auction premises may be subject to Video &/or Audio recording.  Attendees & Bidders & Buyers acknowledge being notified & accept such surveillance &/or recording.

NOTICES: By registering for this Auction, you are entering into a legal Contract to purchase and are hereby confirming that you have read and understood the Terms and Conditions of this Agreement.