Terms of Sale
Auction Date_August 11, 2020____
Buyer’s Premium __13____ %
Payment Options: Wire Transfer and Cashier’s Check Currency: USD
Payment Instructions: We accept wire transfers or Cashier’s checks only for Equipment and Vehicles. We do not accept credit cards by phone or online. Applicable sales tax will be charged unless Buyer provides proper tax exemption form. Successful bidder must contact us within 24 hours of sale to finalize payments arrangements. Payments must be received no later than two business days of close of auction. Any invoices that remain unpaid after 2 business days will be subject to an additional daily $50 administrative late fee until paid in full.
Shipping: All shipping is the responsibility of the Buyer. Removal is by appointment only and are to be made by contacting email@example.com. Locations of items vary and are not necessarily as specified on the address shown on catalog. All items must be paid in full before removal, no partial payments / partial release of any lots is accepted. Removal must be completed by no later than 14 business days after the sale date or buyer will be in default of the terms of sale and property/items can be resold by auction company. It is the sole responsibility of the Buyer to remove items by the removal date. All items purchased are to be released to original Buyer at one time. Removal is at the sole expense, risk and liability of the Buyer. Buyer agrees to provide, arrange and pay for transportation and/or shipment of any vehicle purchased from Auctioneer. Buyer assumes all risks associated with the transportation and shipment of any vehicle. All vehicles sold to Buyer are the sole responsibility of Buyer and the risk of loss passes at the time of the sale. Except as otherwise specifically agreed, a vehicle is considered sold when bid is made on the auction platforms and is confirmed accepted by the Seller. If Buyer exports vehicles to Foreign Jurisdictions, Buyer further assumes the risks associated with the exportation and shipment of any vehicle from the United States to the Foreign Jurisdiction.
Bidder acknowledges he has received, read, and understands these Terms, as well as any additional Terms and Conditions provided and agrees to comply with and be bound by such.
Dudley Auctions Inc. dba Dudley Resources (“Auctioneer") hereby grants to the party whose signature appears on the Bidder’s Registration Agreement ("Bidder"), the right to obtain a number ("Bidder Number") for the purpose of bidding at an auction sale to be conducted by Auctioneer on behalf of owner/seller(s) (“Seller”). Such right is granted at the Auctioneer’s sole discretion and may be revoked at any time.
1. This auction is held online only. All bidders must register and submit their bids online. Bidders must provide a valid credit card, VISA or Mastercard only. Credit cards are for identification purposes only. Payment is due upon conclusion of auction sale. Bidders will be invoiced at conclusion of sale, and payment is to be made within 24 hours of conclusion of sale. ALL FINAL PAYMENTS MUST BE MADE BY WIRE TRANSFER OR CASHIERS CHECK.
2. The Auction will be conducted by offering the items by lot (a "Lot" or “Lots”), either individually or in groups. The Bidder offering the highest bid accepted by the Auctioneer shall be the purchaser ("Purchaser") of the offered Lot ("Purchase") and no Bidder shall retract his bid for any reason, regardless of whether the bid is made in person, by phone or online. Purchaser accepts a Lot when he makes a bid. All sales are final. This auction is not Absolute.
3. Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever and the company he represents, both jointly and severally agree:
(a) to indemnify and save harmless Auctioneer, Seller, and their consignors ("Consignors") from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any item, or the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale;
(b) to be responsible for the payment of the purchase price and taxes due on all Purchases made using the Bidder Number regardless of whether it is in the Bidder's possession or not;
(c) that all rights and defenses available to Auctioneer hereunder shall extend to the Consignors and Seller.
4. The terms of this agreement, together with bidder’s registration, purchase invoice and Bill of sale comprise the entire agreement of the Parties and shall be binding on them and their respective heirs, representatives and assigns. This agreement shall constitute a contract between Bidder/Buyer, Seller, and Dudley Auctions Inc. dba Dudley Resources. This agreement shall be governed by and interpreted under the laws of the Commonwealth of Virginia without giving effect to any of the principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods. Absent agreement by the parties, any action controversy or claim arising from or relating to these Terms
or any bid or purchase hereunder shall be commenced in a State or Federal Court in Henrico County, Virginia and Bidder irrevocably consents to the exclusive jurisdiction of such courts. Further, if you bring a claim against the Auctioneer or owner/seller and do not prevail, and/or if the Auctioneer or owner/seller takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
5. Buyer attests and agrees that he/she/it and/or its officers, directors, shareholders, partners, agents, employees or anyone acting on his/her/its behalf is/are not currently and has/have never been listed on (1) any list managed by the Office of Foreign Asset Control, including, but not limited to, the Specially Designated Nationals List, Blocked Persons List, the Foreign Sanctions Evaders List, the List of Persons Identified as Blocked Solely Pursuant to E.O. 13599, the Non-SDN Iran Sanctions Act List, the Part 561 list, the Sectoral Sanctions Identifications List and the Non-SDN Palestinian Legislative Council List, as published by the United States Treasury Department; (2) the Denied Persons List, Unverified List and the Entity List as published by the Bureau of Industry and Security of the U.S. Department of Commerce; or (3) the Debarred Parties List as maintained by the U.S. Department of State (collectively, the “Export Controlled Lists”). Buyer agrees to notify Auctioneer if Buyer or any of its officers, directors, shareholders, partners, agents, employees or anyone acting on his/her/its behalf appears on any Export Control List while Buyer is registered to purchase vehicles from Auctioneer.
Buyer shall not sell or resell vehicles purchased from Auctioneer in a country against which the United States maintains trade embargoes and/or economic sanctions programs, as that list may be amended from time-to-time, nor shall Buyer sell or resell any such vehicle to an individual, organization or entity appearing on any of the Export Control Lists.
6. For the Auctioneer to process your bid, we must have a Visa or MasterCard associated with your account. Upon registration for this online auction, the Auctioneer may authorize the credit card you have placed on file for $1.00. This is for confirmation of identification only, and the charge will be reversed.
(a) If you provided a debit card with your account: Upon registration for this online auction, the Auctioneer may charge your debit card the amount of $1.00. This is for confirmation of identification only, this $1.00 will be refunded to your account.
7. Buyer’s Premium and Sales Tax: The buyer’s premium as shown above is added to each purchase. For example, if the Buyer’s Premium is 15% and your winning bid totals $100, you will be charged $115 + sales tax upon conclusion of the sale. If taxable, the local sale tax is also charged (Virginia 5.3 %). Tax Exempt Buyers must provide the appropriate tax exemption certificate.
Buyer’s Premium shown is the cash Buyer’s Premium. If buyer elects to pay by credit card (at the discretion of Auction Firm) the credit card Buyer’s Premium is increased by a 3% convenience fee to cover administrative costs. Credit card payments are not accepted for purchases amounts above $1,000.
8. CONDITION OF SALE: ALL SALES ARE AS IS, WHERE IS THERE SHALL BE NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE OF ANY NATURE WHATSOEVER OF ANY NATURE WHATSOEVER IN RESPECT OF TO THE ITEMS OR ANY LOTS OFFERED AT THE AUCTION. EACH AND EVERY ITEM OR LOT WILL BE SOLD “AS IS, WHERE IS, AND WITH ALL FAULTS”. AUCTIONEER AND OWNER/SELLER MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE CONCERNING THE CONDITION OF THE ANY ITEM OR LOT OR INFORMATION RELATED TO ANY ITEM OR LOT AUCTIONEER AND OWNER/SELLER SPECIFICALLY DISCLAIM ANY WARRANTY, INCLUDING IMPLIED WARRANTIES, OF ANY KIND OR NATURE WITH REGARD TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION,QUIET ENJOYMENT OR INFORMATION RELATED TO ANY OF THE PURCHASED PROPERTY. FURTHER, AUCTIONEER AND OWNER/SELLER MAKE NO REPRESENTATION OR WARRANTY THAT ANY ITEM OR LOT
(A) CONFORMS TO ANY STANDARD IN RESPECT OF SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, OR
(B) IS FINANCEABLE, OR
(C) IS OF ANY PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, MAKE OR CONDITION.
AUCTIONEER NOR SELLER WILL BE RESPONSIBLE NOR LIABLE FOR ANY REPAIRS, RESTORATION, REPLACEMENT OF ANY PARTS, OR ANY OTHER MATTER. BY PARTICIPATING IN THE AUCTION, EACH BIDDER/ BUYER EXPRESSLY WAIVES AND AGREES THAT IT WILL NOT SEEK ANY RECOVERY FROM OR PURSUE ANY CLAIM AGAINST, DUDLEY AUCTIONS INC, OR DUDLEY RESOURCES OR ITS AFFILIATES RELATING TO ANY OF THE FOREGOING INCLUDING WITHOUT LIMITATION FOR REPAIRS, RESTORATION OR REPLACEMENT OF ANY PARTS, EQUIPMENT OR ITEMS SOLD.
9. Bidder agrees he has satisfied himself and is not relying on Auctioneer or Seller, nor are Auctioneer or Seller liable for any matter in respect to the above or any information related to an item or Lot. Bidder further agrees to repair, at his cost, any Lot or item purchased at the auction to a safe operating condition and, without limitation, to a condition, which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the lot may be put.
10. The Auction Catalog has been prepared as a guide only, based on information from sources believed to be reliable however its accuracy cannot be and is not guaranteed or warranted. No sale shall be invalidated, nor shall Auctioneer or Seller be liable due to any discrepancy or inaccuracies in the Listing Catalog. Bidder acknowledges that all Lots and items sold were available for inspection prior to the Auction and that it is his/her responsibility to inspect all items or Lots and make his own judgement/inquiries prior to bidding. Dudley Auctions is not the owner of these assets, instead is contractually engaged for the sale of these assets on behalf of the Seller or owners. These assets are not advertised or being sold Absolute. Vehicles not marked as offered with reserve are subject to minimum reserves set by the seller. Dudley Auctions Inc. dba Dudley Resources reserves the right to bid on behalf of the seller or owners, up to the amount of the reserve.
11. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be 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/her own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, Seller, their agents, employees, or principals for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
12. All purchases must be removed from the auction site within 14 business days of auction sale and all costs, responsibility and risk of such removal shall be borne by Purchaser. Delivery, removal or shipping arrangements and costs are the responsibility of the Purchaser. Auctioneer reserves the right to require proof of adequate insurance coverage of any Purchaser for Purchases requiring dismantling, rigging or hot cutting. If for any reason, Purchaser fails to remove any Purchase within the time specified, the Auctioneer will have the option of reselling, removing, storing(fees will be applied), or disposing of the item, paid or unpaid for or abandoned item.
13. BUYER DEFAULT : If the Bidder/Buyer fails to comply with the terms and Conditions of this Sale including, without limitation, failing to timely pay the full purchase price and/or remove items as required, the Bidder/Buyer shall be in default of this agreement and shall be liable to Dudley Auctions Inc dba Dudley Resources. Bidder/Buyer agrees that Dudley Auctions Inc. dba Dudley Resources is entitled to recover from Bidder/Buyer all damages, costs, expenses, fees (including attorney’s fees) and other amounts suffered and/or incurred. These cost can include the following :
Bidder/Buyer understands and agrees to be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items. Auctioneer reserves the right to take further legal actions including without limitations, action for specific performance, cancel or rescind the sale, resell the vehicle with or without reserve. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. In the event of partial payments, ie. failure to pay full payment within the terms of sale, any partial payments made will be retained as liquidated damages and applied to the cost of reselling the items. In addition, delinquent and defaulting bidders may be banned from future participation in the Auction platform.
14. Tax-Exempt Status: Sales tax is charged, if you wish to apply for tax-exempt status, you must submit a completed copy of the proper tax-exempt certificate prior to close of the auction. You must indicate your tax-exempt status at registration. Taxes will not be charged for Titled vehicles for which taxes will be collected at registration. Buyer is responsible for payment of Titled vehicle tax payments. Failure to follow procedures will results in sales tax being charged. It will be the buyer’s responsibility to apply directly to the applicable state for a refund.
15. Bid Approval: At the conclusion of the sale, all bids are submitted to Seller’s for approval. Upon approval, bidders will be provided an invoice for their successful bids. Sales are not final until the bids are accepted and confirmed by Auctioneer. Acceptance of bid will be made via email directly from the Auctioneer following conclusion of the sale. Auctioneer reserves the right to accept or reject to declare an item sold, to postpone or cancel the sale, extend the bidding on a particular item, reopen bidding on a closed item, or re-list any item for sale at another date and time. The automatic electronic posting of SOLD on a screenshot or automatic email confirmation of high bidder status does not constitute a confirmation of sale.
16. All necessary documents will, if available, be delivered immediately to Purchaser upon payment in full as set out above or will otherwise be mailed ten (10) banking days after payment is received. Cash or certified funds are required for release of title documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted. If additional documentation is needed, IE notarized lien release documentation, additional fees may be charged.
17. If, for any reason, Auctioneer or Seller are unable to make available or deliver clear title to a Lot or item, or documentation required in respect of any Purchase, whether before or after or after delivery, Auctioneer or Secured Party’s sole liability, if any, shall be the return of monies paid toward such Purchase upon its return by Purchaser. Any such Purchase, for which clear title cannot be provided, shall be returned and surrendered to the Auctioneer upon demand.
18. In all cases, the Auctioneer’s liability and the liability of the Seller of items or Lots in this auction will be limited to the refund of your purchase price. The Auctioneer or Seller has no liability whatsoever in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. Auctioneer or Seller have no liability for actions taken by any seller, bidder or third parties. Auctioneer or Seller are not liable for any error or inconvenience that may occur due to any malfunction or inconvenience that may occur due to devices, software or programs involved with online bids or online auction sale. Auctioneer or Seller provide no guarantee that software or any website will operate without interruption and provides no duty or responsibility to bidder regarding functionality. Auctioneer at his sole discretion my void, pause, suspend or resell any item if deemed to have been affected by malfunction or human error.
19. Buyer and the person(s) signing this Agreement or any other document in connection with this Agreement agree to give up his/her/its right to participate in a class action against Dudley or any of its affiliates and any of their officers, directors, shareholders, partners, agents, employees, subcontractors or representatives. This means that Buyer and the person(s) signing this Agreement or any other document in connection with this Agreement may not be a representative or member of any class of claimants or as a private attorney general in court or in arbitration with respect to any loss, claim, cause of action, and/or lawsuit against Dudley or any of its affiliates, or any of their officers, directors, shareholders, partners, agents, employees, subcontractors or representatives.
Every Item sold “AS IS, WHERE IS”. No Guarantees or Warranties Whatsoever. Please inspect all items before Bidding. All sales are Final.