TERMS, CONDITIONS AND DISCLAIMER

 

ALL BIDDERS MUST REGISTER IN ORDER TO BID AT THE AUCTION. A VALID CREDIT CARD WILL BE REQUIRED TO REGISTER FOR THE SALE.

 

OBTAINING A BIDDER NUMBER INDICATES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE SALE. IF YOU DO NOT AGREE WITH ALL

OF THE TERMS AND CONDITIONS OF THE SALE, PLEASE DO NOT BID.

 

ALL ITEMS ARE SOLD AS IS, WHERE IS AND ALL SALES ARE FINAL. NEITHER AUCTIONEER NOR SELLER MAKE ANY GUARANTEES WHATSOEVER CONCERNING THE ITEMS TO BE SOLD. IT IS SOLELY UP TO THE BIDDER TO INSPECT AND EXAMINE THE ITEMS TO BE SOLD AND TO ASK ANY QUESTIONS IF NECESSARY. BUYER SHOULD BE SATISFIED AS TO THE CONDITION OF THE ITEMS TO BE SOLD PRIOR TO BIDDING.  INSPECTION WILL BE TUESDAY-THURSDAY, MAY 31-JUNE 2, FROM 10 A.M.-5 P.M. OR BY APPOINTMENT. THE AUCTION SITE IS LOCATED AT THE HCL CONTRACTORS YARD LOCATED ON HWY. 158 APPROXIMATELY 4 MILES WEST OF I-65 AT EXIT 13 AND JUST EAST OF DOGWOOD TRAIL IN EIGHT MILE, AL.

 

A 10% BUYER'S PREMIUM WILL BE CHARGED ON EACH ITEM SOLD FROM $1-$3,500. A 5% BUYER’S PREMIUM WILL BE CHARGED ON EACH ITEM THAT SELLS ABOVE $3,500. ANY ITEMS PURCHASED ONLINE WILL INCUR AN ADDITIONAL 3% CHARGE AS WELL AS PAYMENTS MADE BY CREDIT CARD.

 

SALES TAX OF 10% WILL BE CHARGED ON EACH ITEM SOLD UNLESS THE BIDDER HOLDS A VALID RESALE TAX CERTIFICATE FOR THE TYPE OF MERCHANDISE BEING SOLD AND PRESENTS SUCH AT REGISTRATION. SALES TAX OF 3.25% WILL BE CHARGED ON FARM EQUIPMENT. BUYERS OF TITLED VEHICLES WILL BE REQUIRED TO PAY SALES TAX UPON REGISTRATION OF TITLED VEHICLES. ALL TITLES WILL BE MAILED TO THE RESPECTIVE BUYER WITHIN 14 BUSINESS DAYS OF AUCTION ENDING AND/OR VERIFIED PAYMENT CLEARING. ALL TITLES WILL BE FILLED OUT PROPERLY WITH THE NAME OF THE REGISTERED BIDDER ON THE RESPECTIVE TITLES AND BILLS OF SALES. NO OPEN TITLES WILL BE ALLOWED FOR ANY REASON.

 

AUCTIONEER RESERVES THE RIGHT TO SELL THE ITEMS IN ANY MANNER THAT IS MOST BENEFICIAL TO THE SELLER, INCLUDING SETTING BID INCREMENTS AT APPROPRIATE LEVELS BASED ON THE ITEM TO BE SOLD. AUCTIONEER FURTHER RESERVES THE RIGHT TO BID ON THE SELLER'S BEHALF AND/OR ACCEPT BIDS FROM THE SELLER. IN THE EVENT OF A DISPUTE, THE DECISION OF THE AUCTIONER SHALL BE FINAL.  
 

IT IS THE BUYER’S RESPONSIBILITY TO PAY ATTENTION TO QUANTITIES BEING SOLD AS TIMES THE MONEY AND ITEMS BEING SOLD AS CHOICE LOTS. IT IS ALSO BUYER’S RESPONSIBILITY TO MAKE SURE THE AUCTIONEER RECOGNIZES HIS BID, BECAUSE ONCE THE AUCTIONEER SAYS SOLD ON A LOT, THEN THAT ITEM IS SOLD AND NO TIE BIDS WILL BE ALLOWED.

 

FULL PAYMENT MUST BE MADE ON FRIDAY, JUNE 3, AT 4 P.M. PAYMENT CAN BE MADE BY CASH, CREDIT CARD OR CHECK WITH A

BANK LETTER OF GUARANTEE. ALL INVOICES MUST BE PAID BY THIS TIME REGARDLESS OF WHEN ITEMS ARE PICKED UP. ANY INVOICE NOT PAID BY 4 P.M. WIILL BE CHARGED A $100 SERVICE FEE IN ADDITION TO ALL INVOICE CHARGES. PAYMENTS BY CREDIT CARD WILL INCUR AN ADDITIONAL FEE OF 3% OF THE TOTAL INVOICE.

 

ALL ITEMS MUST BE REMOVED FROM THE AUCTION SITE BY FRIDAY, JUNE 10 AT 4 P.M. REMOVAL WILL BE FROM 8:30 A.M.-4:00 P.M. EACH DAY. NO LOAD OUTS WILL BE CONDUCTED ON SUNDAY. BUYER MUST PRESENT A COPY OF HIS PAID INVOICE BEFORE ITEMS WILL BE LOADED OR REMOVED FROM THE AUCTION SITE.

 

NO EXTRA TIME WILL BE GIVEN AT ALL FOR ANY REASON FOR ITEM REMOVAL.  IF YOU CAN NOT REMOVE YOUR ITEMS BY THE REMOVAL DEADLINE, WE RESPECTFULLY ASK THAT YOU DO NOT BID.

 

IT IS THE PURCHASER'S SOLE AND FULL RESPONSIBILITY TO PROVIDE THE NECESSARY EQUIPMENT TO REMOVE THE AUCTION PURCHASES WITHIN THE TIME ALLOWED. AUCTION COMPANY SHALL PROVIDE A FORKLIFT AND PERSONNEL TO ASSIST WITH REMOVAL THROUGH FRIDAY, JUNE 10. REMOVAL SHALL BE AT BUYER'S RISK AND EXPENSE. IF YOU NEED RIGGING OR REMOVAL SERVICES OR QUOTES, PLEASE CONTACT SAM GILLEY AT 251-406-1437.

 

BUYER AGREES AND UNDERSTAND THAT WHEN THE AUCTIONEER SAYS SOLD ON A GIVEN ITEM OR LOT, THEN THAT ITEM OR LOT BECOMES THE IMMEDIATE PROPERTY OF THE BUYER AND AS SUCH, THE AUCTION COMPANY IS NOT RESPONSIBLE IF BUYER'S ITEMS ARE DAMAGED, STOLEN OR OTHERWISE DISPOSED DUE TO BUYER'S FAILURE TO GUARD THEIR ITEMS AND/OR PICK UP ITEMS IN A TIMELY FASHION. AUCTIONEER WILL MAKE EVERY EFFORT TO GUARD ITEMS OF ALL BUYERS BUT CAN NOT BE RESPONSIBLE FOR ANY ITEMS AFTER THE ITEMS BECOME THE POSSESSION OF THE BUYER.

 

BUYER AGREES TO PAY FOR ALL ITEMS LISTED ON BUYER'S INVOICE REGARDLESS OF ITEM CONDITION OR EVEN IF ITEM IS DAMAGED,

STOLEN OR OTHERWISE DISPOSED. BUYER DOES NOT HAVE THE RIGHT OF ABANDONMENT AND MUST PAY FOR ITEMS AND REMOVE THE AUCTION ITEMS ON THE DAY OF THE AUCTION AFTER PAYMENT HAS BEEN RECEIVED.ITEMS NOT PICKED UP BY FRIDAY, JUNE 10, WILL BE FORFEITED AND BUYER WILL PAY FULL INVOICE PLUS $100 SERVICE FEE.

 

NO ITEMS ARE TO BE PACKED OR REMOVED FROM THE AUCTION SITE UNTIL FULL PAYMENT IS MADE.

 

IN THE CASE OF DEFAULT FOR NON-PAYMENT OR NON-REMOVAL OF ITEMS, AUCTIONEER RESERVES THE RIGHT TO RESALE ANY ITEMS FOR WHICH PAYMENT WAS NOT RECEIVED OR ITEMS NOT REMOVED IN THE TIME ALLOWED AND SUE BUYER FOR NON-PAYMENT. ANY DEFIECIENCY, TOGETHER WITH ALL EXPENSES, INCLUDING ALL ATTORNEY'S FEES, AND CHARGE OF RESALE SHALL BE CHARGED TO THE DEFAULTING BUYER. BUYER WILL NOT BE ENTITLED TO TAKE POSSESSION OF ITEMS WON BUT SHALL STILL BE REQUIRED TO PAY.

BUYER AGREES TO ACCEPT ITEMS PURCHASED "AS IS, WHERE IS AND WITH ALL FAULTS" AND WITH REMOVAL AT BUYER'S RISK AND EXPENSES.

 

AUCTIONEER IS ACTING AS A SELLING AGENT ONLY AND MAKES NO REPRESENTATIONS CONCERNING THE ITEMS TO BE SOLD. AUCTIONEER AND/OR SELLER RESERVE THE RIGHT TO REMOVE ANY BIDDERS OR BYSTANDERS THAT SEEK TO DISRUPT THE AUCTION AND TO DENY ADMITTANCE TO THE AUCTION TO ANY PERSON THEY SO DESIRE WITHOUT CAUSE OR REASON.

 

ALL BIDDERS AGREE THAT THE AUCTION SITE IS POTENTIALLY A DANGEROUS PLACE AND ALL BIDDERS AGREE TO HOLD HARMLESS MATT PRESLEY AUCTIONEERS, THE SELLER AND ANY OF ITS AGENTS OR ASSIGNS FROM ANY LIABILITY OR ACCIDENTS THAT MAY OCCUR BY THE BIDDER'S PARTICIPATION IN THE ONLINE AUCTION.

 

ALTHOUGH ALL INFORMATION HAS BEEN OBTAINED FORM SOURCES DEEMED RELIABLE, THE AUCTIONEER AND SELLER MAKE NO

WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION HEREIN CONTAINED OR INFORMATION CONTAINED IN THE CATALOG OR ADVERTISEMENTS. IT IS FOR THIS REASON THAT BUYERS SHOULD AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE INSPECTION PRIOR TO THE AUCTION. ANNOUNCEMENTS MADE ON THE DAY OF THE SALE SUPERSEDE ANY PRINTED INFORMATION.

 

ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. 

 

IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION. 

 

NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. 

 

ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER. 

 

THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. 

 

THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE.

AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER. 

 

BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS. 

 

ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. 

 

BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED. 

 

THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION

COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.

 

THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED.

 

VENUE & JURSIDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING

FROM THIS AUCTION SALE SHALL BE IN THE COURT OF MOBILE COUNTY, ALABAMA.

 

CHOICE OF LAW: THE LAW OF THE STATE OF ALABAMA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE. 

 

BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION. 

 

BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION. 

 

DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.

 

I AGREE TO RECEIVE EMAILS FROM MATT PRESLEY AUCTIONEERS AND/OR MARKNET ALLIANCE REGARDING UPCOMING AUCTIONS.