Auction Terms & Conditions

1. Payment Terms:
1. Payment may be paid by cash, cashier’s check, wire transfer, or company check.  All checks must be accompanied by a letter from the payer’s bank guaranteeing unqualified payment to Stuart B. Millner & Associates (hereinafter “SBMA”).  (A $25.00 fee shall be assessed to Buyer for all returned checks).
2. Payment is due in full upon receipt of invoice. If payment is not received within 48 hours of the conclusion of the auction, Buyer’s invoice will be voided, and all items will be forfeited, and buyer will no longer be able to bid at any auctions. All legal fees, collection fees and any other charges arising from nonpayment will be paid by the Buyer. 
3. All methods of payment shall be made payable to Stuart B. Millner & Associates.
4. Wire-transfer instructions are available at the registration desk or by calling the SBMA office at 636-744-1400.
5. No purchases may be removed until complete settlement is made with cleared funds.  Buyer is responsible for the complete removal of Buyer’s purchase(s).
6. Each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply.

1. Buyer is entirely responsible for any customs or duty issues and/or payments.
2. A 15% Buyer Premium for onsite sales, and 18% Buyer Premium for online sales.

2. Conditions of Sale:
1. All items up for auction will be sold to the highest bidder in accordance with the Auctioneer’s Customary Terms of Sale.
2. If an item shall become non-deliverable for any reason, neither SBMA nor Seller shall, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than for the return to the Buyer of monies actually paid to SBMA for said lot, should the Buyer be entitled thereto.
3. SBMA expressly reserves the right to determine the manner of conducting the auction and to sell items by individual or group lots, as it may deem appropriate.
4. The Auctioneer and Seller disclaim all warranties, expressed or implied, about the merchantability of the items and their fitness for a particular purpose.
5. SBMA and Seller assume no liability for error, omissions, accurate weights or measures, additions and/or deletions in this brochure or auction/lot book and all assets are Sold “As Is, Where Is.”   Items offered may or may not be sold as described and/or photographed in this brochure.
6. Buyer/rigger is responsible for all waste/oil/substance in the removal of assets, along with all spills that may occur during the removal process.
7. All sales are made “As Is, Where Is” and Buyer acknowledges having inspected the property and to be satisfied with same prior to bidding. Buyer is solely relying upon its own expertise in choosing to make any purchase.
8. All sales are FINAL. NO Refunds or Credits will be issued, unless assets are missing.
9. The Certificate of Insurance is required to use motorized equipment or torching equipment on premises for lot removal.  
10. Buyer/rigger MUST bring a copy of its liability insurance for $2,000,000 to the premises (onsite) and fax a copy to the offices of SBMA.  The insurance certificate must list SBMA and Seller as additional insureds. SBMA DOES NOT load any assets. It is the buyer’s responsibility to remove all assets, either by themselves or hiring a rigger, showing insurance if needed.
11. All items MUST be paid and picked-up by the last checkout date or they will be forfeited with no refund of deposit or payment, unless special arrangements have been made. Assets ARE NOT allowed to be removed on auction day.
12. Neither SBMA nor Seller shall be responsible for any property or bodily damages, howsoever caused, arising from the pickup or transport of the property, and all risks relating thereto are fully assumed by Buyer to the complete exoneration of SBMA and Seller.  Buyer/rigger waives any and all claim it may have for any damages, including actual and punitive, whether caused by negligence, willful misconduct or otherwise, and assumes all risk related to the removal of its purchases.
13. Buyer will comply with all United States of America Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued there under.
14. For all lots sold as scrap, weight will be estimated until actual weight is determined during checkout. Once actual weight is confirmed, Buyer will pay the balance due, if any, or Buyer will be issued a refund, if due.
15. Buyer acknowledges that it is not relying upon any statements or information obtained from either SBMA or Seller in choosing to make a purchase.

“By my signature below, I acknowledge that my bid is a legally binding contract and agree to be responsible for payment in full of all related invoices.”

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        Buyer’s Signature                                                                                  Date                                                                    Buyer #