Dudley Auctions Inc. (“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 a secured party (“Secured Party”). 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 will be charged immediately upon conclusion of sale.
2. 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.
3. 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 Purchaser shall retract his bid. Purchaser accepts a Lot when he makes a bid. All sales are final.
4. 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, Secured Party 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 Secured Party.
5. These Terms 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 Secured Party and do not prevail, and/or if the Auctioneer or Secured Party 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.
6. In order for the Auctioneer to process your bid, we must have a Visa or MasterCard associated with your account. Upon conclusion of the sale, the credit card associated with the winning bidder will be charged to secure payment of the purchase price. Upon registration for this online auction, the Auctioneer may authorize the credit card you have placed on file for $1.00. This $1.00 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold on your $1.00 will be lifted in accordance with the procedures of your credit card provider and/or banking institution.
(a) If you provided a debit card with your account: Upon registration for this online auction, the Auctioneer will charge your debit card the amount of $1.00. If you do not place any bids during this auction, or if none of your bids are successful, this $1.00 will be refunded to your account.
7. Buyer’s Premium and Sales Tax: A 15% buyer’s premium is added to each purchase. For example, if your winning bid totals $100, you will be charged $115 + sales tax upon conclusion of the sale. The local sale tax is also charged (Virginia 5.3 %).
8. 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 SECURED PARTY 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 SECURED PARTY 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 SECURED PARTY MAKE NO REPRESENTATION OR WARRANTY THAT ANY ITEM OR LOT
(A) CONFORMS TO ANY STANDARD IN RESPECT OF SAFETY, POLLUTIONOR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, OR
(B) ISFINANCEABLE, OR
(C) IS OF ANY PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, MAKE OR CONDITION.
9. Bidder agrees he has satisfied himself and is not relying on Auctioneer or Secured Party, nor are Auctioneer or Secured Party 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 Secured Party 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.
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, Secured Party, 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 the time announced and all costs, responsibility and risk of such removal shall be borne by 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, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items. 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.
13. Tax-Exempt Status: Sales tax is charged, if you wish to apply for tax-exempt status, you must submit a completed copy of your tax-exempt certificate prior to close of the auction. You must indicate your tax-exempt status at registration. 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.
14. 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. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
15. If, for any reason, Auctioneer or Secured Party 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.
16. In all cases, the Auctioneer’s liability and the liability of the Secured Party of items or Lots in this auction will be limited to the refund of your purchase price. The Auctioneer or Secured Party 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 Secured Party have no liability for actions taken by any seller, bidder or third parties. Auctioneer or Secured Party 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 Secured Party 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.
17. Bidder and any Purchaser agree that this is an auction pursuant to a secured party’s sale under the applicable provisions of the Virginia Code and the sale to a Purchaser may be documented, at Secured Party’s option, by a Secured Party’s Transfer Statement in a form agreeable to Secured Party.
Every Item sold “AS IS, WHERE IS”. No Guarantees or Warranties Whatsoever.
Please inspect all items before Bidding. All sales are Final.