READ REPOMAX AUCTIONS TERMS-CONDITIONS COMPLETELY AND FOLLOW THE LINK AT THE BOTTOM OF THIS PAGE TO REGISTER FOR A BIDDER NUMBER
REPOMAX AUCTIONS TERMS-CONDITIONS:
This is a legal agreement between you, the user or buyer/bidder, and RepoMax, Inc. the SITE OWNER (hereinafter referred to as Auction Co., Provider) You must be at least 18 years old to bid. Auction Co. at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling or sold, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
Auction Registration: All potential bidders must register online at www.RepoMaxAuctions.com before you can participate. You must provide a valid email, Your First & Last name, Address, City, State, Zip Code, Work & Home Phone Number and a valid credit card that matches the entire information you have entered on the registration form. The card you put on file will show an authorization charge of $1.00, this is not a charge. This authorization is used to verify the cardholder information you provided. The $1.00 authorization will fall off within 24 to 72 hours. RepoMaxAuctions.com may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person’s (or entity’s) continuing use of the Services and the Website for any reason is at RepoMaxAuctions.com sole discretion.
Payment / Non-refundable Deposit: Auction Co. RESERVES THE RIGHT to charge your credit card a 20% deposit during the auction, or 20% immediately following close of bidding of your total purchase amount. The Balance will be due by date will be listed on the auction home page and must be paid in full prior to removal of purchased item(s), Acceptable forms of payment are cashier’s check (which requires a hold until it clears, unless it is drawn upon our financial institution), cash, Visa / MasterCard, or bank wire transfer. No personal or company checks accepted for any amount. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer’s fee, and sales tax if applicable. All payments must be in U.S. Funds. Auction Co. reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 7 days. We do not accept partial payments. Invoices must be paid in full. ALL ITEMS on the auction sell subject to the Auction Co.’s acceptance or rejection of the high bid.
Personal Checks & other notes: Auction Co. does not accept personal checks or company checks as a form of payment.
Buyer’s Premium: A buyer’s premium will be added to all purchases (before sales tax). This buyer’s premium varies, depending on the auction and form of payment. The actual buyer’s premium in effect will be noted on the additional information page or the auctions home page. You will see this additional information page when you click on the button to view the items that will be selling. In addition to a buyer(s) premium there is a $95.00 broker fee for all vehicles, you are also responsible for all fees required by the state your purchased your vehicle in and the state you will be titling your vehicle in. There are also broker fees for firearms & real estate which vary please check the auction page for current fees. You may also call us to find out the exact amount of the buyer’s premium for any auction.
Removal and Failure to Remove: All purchases must be removed from the auction site without damaging any property and within the time announced or posted in the auction listing. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. Auction Co. and its employees will not assist in the removal of heavy items (furniture, heavy equipment, large tools) from vehicles or loading into vehicles or trailers. Buyers are responsible for all removal and heavy lifting. Auction Co. will not provide or supply tools to take apart or break down any items. If for any reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyer(s) sole risk and expense (storage costs will be charged – per day – per item), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) Storage fees for single lots is $5 per lot per day and pallets/gaylords and titled lots are $10 per day. These fees are only assessed if the bidder fails to pickup and pay for their lots during the designated pickup days. Storage fees are assessed for every day in the calendar month including holidays. Storage fees are assessed for that day 10 minutes after opening hours unless it is a holiday and then will be assessed the next business day for that holiday period. If you do not want to pay storage fee for that day you are expected to be in the payment office within the first 10 minutes of business hours, there will be no exceptions. There could also be fees for removal and transporting items from off site auctions in addition to the storage fees. All fees are non-negotiable and will not be withdrawn for any reason.
Shipping and Handling: Auction Co. does not provide shipping and handling of items. However, Buyer(s) can use a third party to pick up their items and have them shipped to them.
Sales Tax: All bidders will be subject to the Michigan 6% sales tax unless you provide our office with the documentation we require for exemption. (out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items), unless stated differently in the auction terms or are exempt.
Seller Bidding: The SELLER, their agent, or the Auction Co. RESERVE THE RIGHT TO BID on the seller’s item in order to protect their investment or reserve bid. Sellers will be responsible for all (buyer/consignor) fees associated with buying back and listing their items. There are no discounts for buying back items.
Terms: All items sell AS IS WHERE IS with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in any sale. All sales are made on an AS IS – WHERE IS basis with all faults. All buyers are strongly urged to physically inspect the item during the inspection period prior to bidding. No bids can be withdrawn before, during or after the auction for any reason. The winning bidder or BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by an Officer of the Auction Co. BUYER also agrees that any oral representation made by the Auction Co., its agents, directors, officers, employees, representatives, successors, or assigns 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. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co., or Seller for any errors or omissions. Auction Co. reserves the right to accept or reject any and all bids (including high bids) on ALL ITEMS that sell through auction.
Times & Dates: Posted closing times and displays of Auction Co.’s current time are approximate. Items usually start ending between 9-10 PM. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located. Dynamic bidding – The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example – An item is bid on at 7:50 pm. An auction is scheduled to close at 8:00 pm. When this bid is placed the ending time will automatically extend to 8:10 pm. When another bid is place at 8:01 pm the auction will extend until 8:20 pm. This will give the bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20 pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.
Auction Co.’s Right to Terminate Purchase: Auction Co. has the right to terminate any purchase or bid for any reason. If for any reason Auction Co. 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 the Auction Co. may terminate the purchase/agreement, in which case Auction Co.’s only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Michigan: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer/bidder, consignors/seller, consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer/bidder, consignors/seller, also agrees that venue shall be in Macomb County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder. The Buyer/bidder, consignors/seller, expressly agrees to indemnify and hold harmless the Auction Co., its agents, directors, officers, employees, representatives, successors, or assigns, Seller/s and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.’s sole negligence. Remember: It is the Buyer’s/Bidder’s sole responsibility to physically inspect items before the bidding process begins. The Buyer/Bidder agrees that if they come into the auction facility and visually/physically inspect all items before they bid, then they will have no reason for any type of complaint because a description, picture or advertisement contained and error or omission. Auction Co. attempts to act in the express interest of both buyer and seller but occasionally errors occur during the lotting process. Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE: You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice. Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. AUCTION CO. AND PROVIDER/S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. AUCTION CO. AND ITS PROVIDER/S EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more users, seller(s)/Consignor(s) you release Auction Co. and its Provider(s) (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES: YOU AGREE THAT AUCTION CO. AND ITS PROVIDER(S) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR/ITS POSSESSION OR USE OF THE CONSIGNMENT, SELLABLE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, THAT A NEGLIGENT ACT OCCURS, SHALL AUCTION CO. OR ANY OF ITS PROVIDER(S) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER AUCTION CO. OR ANY OF ITS PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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