Terms
This is a legal agreement between you, as a buyer or seller, and the site owner or Auction Co.
You must be at least 18 years old to bid.
Everything will be sold As-Is Where-Is; without guarantee or warranty expressed or implied. Items become the sole responsibility of purchaser. ALL SALES ARE FINAL!
EK Auctioneers, LLC (hereinafter referred to as 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, failed to abide by the terms, 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.
WARRANTY: All information contained herein is true and correct to the best of Auction Co.'s knowledge, but it is in no way guaranteed as to the accuracy of description made. Every items sold 'as is where is' without warranty as to usefulness or merchantability. You acknowledge that you have the right and responsibility to inspect the item(s) personally, or to have a third party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in its present condition at its present location and with the description provided whether accurate or not.
Auction Co. and its employees act merely as agents for sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, are not disclosed. Auction Co. at their discretion may place a reserve bid on behalf of the seller. All items and final bids on the auction sell subject to the Auction Co.’s acceptance or rejection of the high bid. Only the top bidder will be contacted as to the status of his/her bid. While the information Auction Co. provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless Auction Co. for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item. All items are sold as is, where is, unless specific factory or seller issued warranties are listed in the item description.
BIDDER CONTRACT: In order to bid at this auction you must meet registration requirements. By registering and obtaining a bidder number you are demonstrating that you fully understand, accept and agree to all conditions and terms set forth for this auction, whether in writing or implied verbally.
How INCREMENTAL BIDDING Works:
A bid may be placed for any amount equal to or greater than the current required bid amount, which means your bid amount is not required to be an increment of the posted bid increment.
Example:
- Current bid at $10.00 with a bid increment of $5.00.
- Minimum bid required would be $15.00.
- A bid may be placed for any amount equal to or greater than $15.00.
- The winning bid may end up at any amount. It may not be divisible by the stated increment. The winning bid will be the highest
Refer to Automatic Bidding section for further explanation of the convenient method of placing an automatic bid.
How AUTOMATIC BIDDING Works: (also known as: max bid, auto bid or proxybid)
Automatic Bidding (auto bid) option makes bidding convenient allowing you to enter the maximum bid amount* that you are willing to bid on an item. Based on your Account Preferences for notification, you may be notified whenever your auto bid increases &/or when it is exceeded.
Other bidders do not have access to see your auto bid amount.
Your auto bid will not “jump” to the maximum amount. The auto bid will increment up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid.
If another bidder already has an auto bid in place when you place your auto bid, the (2) competing auto bids will continue to increment until either the lower auto bid is maxed out; or if both auto bid amounts are the same the auto bid that was placed first will become winning position of the bid.
Example #1:
1. Minimum bid is at $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid for $75.00.
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00.
4. Bidder #2 places an auto bid for $25.00.
5. Bids would compete with each other as follows:
Bidder #1 - $10
Bidder #2 - $15
Bidder #1 - $20
Bidder #2 - $25 (maximum auto bid placed)
Bidder #1 - $30 (high bid position)
Example #2:
1. Minimum bid is $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid of $25.00.
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00
4. Bidder #2 places an auto bid for $25.00 (same amount as Bidder #1 auto bid)
5. Bids would compete with each other as follows:
Bidder #1 - $10
Bidder #2 - $15
Bidder #1 - $20
Bidder #2 - $25
Bidder #1 - $25 (high bid position)
The high bid is $25 with Bidder #1 in high bid position because Bidder #1 placed the $25.00 auto bid before Bidder #2.
CLOSING TIMES: Posted closing times and displays of Auction Co.'s current time are approximate. 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 1-5 minutes of bidding inactivity.
BUYER RESPONSIBILITY: From the moment auctioneer deems items sold, it becomes the sole responsibility of buyer. Reasonable care will be made by auction company to safeguard purchases, but in the event of theft, vandalism, accidental, or purposeful damage, negligence and/or and Act of God, Buyer agrees to hold auction company harmless. Upon your winning bid of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that Auction Co., its employees, and their sellers are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss. Buyers are responsible for any costs incurred to prepare their item(s) for transport and/or shipping. This includes but is not necessarily limited to the cost of any rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of their item(s). You agree to remit payment and remove from the auction property any purchases within the stated time for the auction being conducted. You further understand and agree that failure to remove items in the stated time for the auction will subject you to moving and storage fees unless arrangements have been made with the seller.
BUYER PAYMENT/NON-REFUNDABLE RESTOCKING FEE: Auction Co. reserves the right to charge the credit card registered with your account up to 25% as a non-refundable restocking fee (minimum $25.00 charge) based on total purchase price during the auction or immediately following the auction. The non-refundable restocking fee (minimum $25.00 charge) will be charged when invoices are not paid in full in accordance with the auction specific payments terms. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable. At which time, all items are considered to be abandoned &/or forfeited to the Auction Co. Auction Co. reserves the right to relist/resell any and all items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location within auction specific terms for payment & removal. We do not accept partial payments. Invoices must be paid in full. All payments must be in U.S. Funds.
BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any auction. Visa, MasterCard, Discover and American Express cards are accepted. Sales Tax: All bidders will be subject to the applicable sales tax unless you provide our office with the documentation we require for exemption. NOTICE: 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)
*Buyer’s premium and sales tax will be in addition to the winning bid amount.
REMOVAL/FAILURE TO REMOVE & ABANDONMENT: All purchases must be removed from the auction site without damaging any property and within the time announced or posted. 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. 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 buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), 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.) If the purchases have not been removed within the time period announced, the Auction Co. reserves the right to charge the bidders credit card registered with account a 20% non-refundable restocking fee (minimum $25.00 charge) based on total purchase price. Auction Co. reserves the right to relist/resell any and all items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location within auction specific terms for payment & removal.
Everything will be sold As-Is Where-Is; without guarantee or warranty expressed or implied. Items become the sole responsibility of purchaser. All sales are final! No sale shall be invalidated by inaccuracies, defects, damaged goods, or incorrect descriptions.
Bids may not be cancelled or retracted for any reason. Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations.
SELLER BIDDING: The Auction Co. reserves the right to bid on the seller's item in order to protect their investment.
SELLERS FEES: The seller agrees to pay the Auction Co. all fees as outlined in the contractual agreement between seller and the Auction Co.
TERMS: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. buyer agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. Buyer also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" 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. RIGHT TO TERMINATE PURCHASE: 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 Tennessee. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Tennessee. Buyer also agrees that venue shall be in Blount County, Tennessee and that the laws of the State of Tennessee shall govern this Agreement and the parties’ transaction hereunder.
When using our online auction services you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. You also acknowledge that the Internet may be an unreliable and error prone network. Auction Co. will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold Auction Co. and their employees harmless for any interruptions in online bidding. Further, the auctioneer has the sole discretion to accept or refuse any bid. Auction Co. retain the right, at our sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice. When registering for our auctions, whether onsite or online, you are opting into receiving emails and texts messages to the email and phone number you register with. To unsubscribe, you must send written confirmation to email and text to be removed from our marketing list.
Server & software technical issues: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, EK Auctioneers, LLC reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor EK Auctioneers, LLC shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications will be sent to registered bidders with updated information as deemed necessary by EK Auctioneers, LLC.
If your internet has issues, it is out EK Auctioneer's control. Internet bidding is provided to bidders/buyers as a convenience.
BY SIGNING INTO THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS OF THIS AUCTION.