Whitney Antique Mill

Online Auction Bidder Terms and Conditions.

Online terms and conditions are in addition to any general onsite auction terms and conditions. Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.

This auction will be conducted within the framework of the rules listed below plus and other provision that may be added by the auctioneer via e-mail or as posted on www.bidspotter.com. For the complete bidding terms and to register to bid view online at www.bidspotter.com.

All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.

Your use of this auction site marks your acceptance in full of these

Terms and Conditions.

IMPORTANT AUCTION NOTICES:
All prospective bidders must register & be approved by EBM LLC no later than 24-hours prior to the start of the auction. All bidders must be 18 years of age. Perspective bidders must fill out & return the online bidder approval form (a copy of which will be emailed to you after registering and also post a deposit of approx. 25% of their planned spending budget or a minimum of 500.00 with EBM LLC in order to be approved See Below Section about Deposits). No Exceptions will be made to the above approval requirements, so please register & forward a deposit immediately.
DEPOSITS: All Online Registrants will be required to submit the requested Contact Information including Credit-Debit Card or Bank Information to be "Approved." NO EXCEPTIONS! INTERNATIONAL BUYERS must either wire transfer a fully refundable cash deposit in the amount of $500.00, or have arrangements made with our office to be "Approved" to bid.

 TERMS OF SALE

NOTICE: All Bidders and other persons bidding on this sale (Bidders) agree that they have read and have full knowledge of these terms and agree to be bound hereby. The Bidder identified by the Auctioneer as the high bidder or successful bidder at auction (successful Bidder) shall have entered into a legally binding contract to purchase the item bid upon (Lot) at the price and subject to the terms and conditions set forth herein. All determinations, rulings, and adjustments made by the Auctioneer in good faith shall be final, binding, and conclusive upon all Bidders. The term Auctioneer herein means EBM LLC.

1. IDENTIFICATION - All Bidders are required to give full name and addresses at time of registration.

2. DEPOSIT - Each successful Bidder will be required to make a deposit by Credit Card-Debit Card or Cash or by Bank Cashiers or Certified Check of 25 percent (25%) of the successful bid on each Lot at time of  end of auctioned lot. In default of such deposit, the Lot may be put up again immediately and resold.

3. TIME OF PAYMENT - Each successful Bidder shall receive an invoice during or at the conclusion of the auction. All invoices must be paid in full by the close of the next business day or the last day of the auction sale and prior to removing any Lot. Any other arrangements must be made with auctioneer prior to bidding. In the absence of payment or agreement by the auctioneer, title to the Lot shall not transfer to the successful Bidder and such Bidder will lose any right, title or interest such Bidder may have acquired, and the deposit paid, if any, without further notice to such Bidder. The Bidder shall nonetheless remain liable for any damages caused by the Bidders failure to pay.

4. REMOVAL - All purchases must be removed not later than the date specified by the auctioneer.Their is a removal time of 7 days from end of auction. A 35$ per day charge will go into effect for any items left past the 7 day period when agreed upon by auctioneer. The items will be considered property of the auctioneer after 7 days to do with as they please with no refund if not agrred to in writing by the auctioneer. No Lot can, on any account, be removed during the sale. All goods are sold, As is, Where Is with no warranty implied. Removal shall be at the expense, risk, and liability of the successful Bidder. (EBM LLC does not ship.) Purchases will be released only on presentation of paid invoice. Auctioneer shall not be responsible for Lots not removed within the time allowed, but Auctioneer shall have the option to remove and store at the expense and risk of the successful Bidder any article purchased, but not paid for and removed within the time required. Pick up times will be scheduled by the auctioneer to avoid confusion. 

5. MANNER OF PAYMENT - All payments must be made by cash, credit-debit card, bank cashier’s check or company check with a bank letter of authorization guaranteeing funds to EBM LLC.  All payment for deposits and balances due shall be payable to the order of EBM LLC."  The full purchase price on all Lots sold to the same successful Bidder must be paid within the time fixed and before removal of any Lot.                       

6. DISCALIMER OF ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE; CONDITION OF ARTICLES SOLD - Bidder acknowledges that all items/lots were available for inspection prior to the auction and by these terms, auctioneer strongly encourages bidder to carefully inspect each item/lot in which bidder has any interest in to determine the items/lot's quantity, quality, condition and size. The Auctioneer and any owner, seller, or secured party make no warranties express or implied as to merchantability or fitness for purpose whatsoever. All such express or implied warranties are expressly excluded hereby. No oral statement or other writing by any person negates this exclusion. If you think you have received any assurance or warranty of any kind as to a Lot offered in this auction do not bid on such item unless the Auctioneer has signed in writing specifically directed to you and identifying the Lot and stating the modification of this exclusion The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any Lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in commentary, cataloging, or any imperfection not noted. No deduction, credit or avoidance shall be allowed on damaged articles; all Lots being exposed for public exhibition are purchased and accepted by successful Bidder AS IS, WHERE IS and WITH ALL FAULTS. Auctioneer makes no warranties or guarantees whatsoever whether written, oral or implied as to quality, quantity, condition, usability, salability, weight, measurement, age, model, mechanical condition, performance or other specifications and all sales made are utterly without recourse.

7. CLAIMS - No Claims will be allowed after becoming the winning bidder or removal of Lots from premises.

8. RESPONSIBILITY FOR NON-DELIVERY- Auctioneer, any owner, seller or secured party shall not, in any event, be liable to any Bidder for non-delivery of any Lot or for any other matter or thing, other than for the return to the successful Bidder of the deposit or sum paid on said Lot, should the successful Bidder be entitled thereto. This means that if you are a successful Bidder and for any reason your Lot is not made available to you, you agree that the damages you may claim for such non-delivery are limited to the amounts you have paid and you waive any claim for damages for lost profits, opportunity, the value of the Lot in excess of the purchase price, your time, expenses, incidental and consequential damages, all of which are expressly waived.

9. COMPLIANCE WITH TERMS OF SALE- In default of payment of invoices in full within the time therein specified, the Auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of sale, will be charged to the defaulting successful Bidder.

10. RISK TO PERSON AND PROPERTY-  Persons attending  removal of Lots assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability therefore and agree to indemnify and hold the Auctioneer harmless from any loss, claim, liability, cost, or expense                                    caused all or in part by such person(s). Neither the auctioneer nor his principal shall be liable by reason                                                   of any defect in or condition of the premises on which the exhibition, sale, or removal of Lots is held.

11. ADDITION TO OR WITHDRAWAL FROM SALE - The Auctioneer reserves the right to alter the order of the sale, withdrawal from the sale any of the Lots or parts thereof or to sell at this sale Lots not listed, and also reserves the right to group one or more Lots into one or more selling Lots or to subdivide into two or more selling Lots, or make any combination thereof which Auctioneer in its sole discretion determines. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell Lots in bulk.

12. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE - Where items are sold by estimated weight, count, or measure, the successful Bidder will be invoiced for and required to pay for the estimated weight, count, or measure. If upon delivery any shortage exists, the successful Bidder will receive a credit at the rate of the bid. If there be an excess, the successful Bidder will be required to take and pay for such excess, at the rate of the bid.

13. DISPUTE BETWEEN BIDDERS/BID INCREMENTS - If any dispute arises between two or more Bidders, the Auctioneer may decide the same or put the Lot up for sale again at once, or resell to the highest Bidder. The Auctioneer may reject a nominal or fractional bid advance in the Auctioneers sole discretion.

14. RESERVE - The Auctioneer reserves the right to reject any and all bids. On Lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller, owner or secured party and shall have no obligation to denote or announce such reserve or bid.

15. RECORDS- The record of sale kept by the Auctioneer and bookkeeper will be taken as final in the event of any dispute.

16. AGENCY - The Auctioneer is acting as agent only and is not responsible for the acts of its principals.

17. SALES TAX - All sales are subject to state and local taxes, which will be collected from the successful Bidder unless a proper exemption certificate including tax-exempt number is presented at the time of payment.

18. BUYERS PREMIUM - The Auctioneer has imposed a Buyer’s Premium of 15% on any Lots sold. The Buyer’s Premium is a percentage that is added to the final purchase price of any Lot.

19. SHIPPING - All coolants, oil and fluids must be drained from all machinery and equipment prior to removal. All of the above must be shipped in compliance with state and federal regulations. Unless otherwise expressly provided in writing, preparation and shipment shall be at the sole responsibility and cost of the successful Bidder.

20. INSURANCE- All successful Bidders, or the their riggers must provide the Auctioneer and the owner of the premises of the sale a certificate of insurance in amounts acceptable to the Auctioneer prior to removal of any Lot. Any one on premises are there on their own accord and at their own risk.