Sale Terms and Important Information

Terms of Sale – Amplio 

IMPORTANT NOTICE:

Amplio Supply Chain, Inc (“Auctioneer”) reserves the right to accept or reject any bid. A 15% Buyer’s Premium applies to all purchases. A 3% Internet Convenience Fee will be charged on all online transactions. Full payment must be made upon conclusion of the sale. All invoices are to be settled on the day of the auction. Items remain subject to prior sale or transfer.

RIGGING NOTICE:
Buyers are advised that rigging fees will apply. Only pre-approved riggers may be used. Fee schedules will be listed online and/or within individual lot descriptions as applicable.
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These Terms of Sale (“Terms”) govern all auctions and sales conducted by Amplio Supply Chain, Inc. (“Auctioneer”).
By registering for, bidding at, or participating in any auction or sale, the buyer (“Buyer”) agrees to be legally bound by these Terms.
Auctioneer acts solely as agent for the owner, consignor, or principal of the goods (“Seller”), unless expressly stated otherwise for a specific lot.
These Terms apply to all public auctions, online auctions, private treaty sales, negotiated sales, and post-auction transactions.

1. ABSOLUTE AND UNCONDITIONAL BIDS

All bids are absolute, irrevocable, and unconditional. No bid shall be contingent upon financing, internal approval, third-party consent, inspection after sale, or any other condition.
All sales are final except as expressly provided herein.
Notwithstanding the foregoing, bids may be voided, modified, or cancelled in the event of clerical error, technical malfunction, system interruption, fraud, or pursuant to the rules and policies of any third-party online bidding platform through which the auction is conducted.

2. PAYMENT TERMS

Full payment is due upon receipt of invoice. Time is of the essence.
Accepted forms of payment include ACH/ wire transfer, company check, or cashier’s check payable to Amplio Supply Chain, Inc. No property may be removed until payment has been received and verified in collected funds.
Failure to remit payment when due constitutes default. Interest may be charged on past-due balances at the maximum rate permitted under Georgia law.
Buyer is solely responsible for verifying wire transfer instructions prior to remitting payment. Auctioneer shall not be responsible for any losses arising from fraud, phishing, or misdirected wire transfers.

3. BUYER’S PREMIUM

A 15% Buyer’s Premium shall be added to the hammer price of all purchases.
A 3% Internet Convenience Fee applies to online transactions where expressly stated in the auction listing.
Such amounts constitute part of the total purchase price.
All premiums and online fees shall be disclosed in the applicable auction listing in accordance with the policies of the online bidding platform.

4. CONDITION OF GOODS; DISCLAIMER

ALL ITEMS ARE SOLD “AS IS, WHERE IS, WITH ALL FAULTS.”
Auctioneer and Seller make no representations or warranties, express or implied, including without limitation merchantability, fitness for a particular purpose, condition, manufacturer, model, specifications, authenticity, title, compliance with law, or accuracy of description.
All descriptions, advertising, photographs, and statements are provided for identification purposes only and shall not create any warranty.
Buyer acknowledges it has had opportunity to inspect and is relying solely upon its own investigation and judgment.Auctioneer utilizes technology-based platforms and third-party online bidding systems to generate, display, and transmit lot descriptions, photographs, condition reports, and related information.
Such technology-assisted content is provided as a convenience only, and Auctioneer shall not be held responsible for typographical errors, system-generated inaccuracies, omissions, or other mistakes in lot descriptions or related materials, whether appearing online or in print.
Buyer assumes all risk associated with reliance on technology-generated descriptions or data and is strongly encouraged to personally inspect all lots prior to bidding.

5. RISK OF LOSS; TITLE

Title and risk of loss pass directly from Seller to Buyer upon the auctioneer’s declaration of sale (fall of the hammer). Auctioneer shall not be responsible for loss, theft, damage, or destruction occurring thereafter.

6. NO RETURNS; FINALITY

All sales are final. No returns, refunds, credits, or adjustments shall be permitted unless expressly authorized in writing by Auctioneer.
Buyer must verify quantities at time of removal. No claims will be entertained once goods leave the premises.

7. REMOVAL; SITE CONDITIONS

Buyer is solely responsible for removal, transportation, rigging, permits, compliance with environmental and safety laws, and restoration of any damage caused by removal.
Auction sites may contain heavy machinery, live electrical circuits, hazardous materials, and other dangerous conditions.
Buyer enters and remains on the premises at its own risk and assumes full responsibility for injury or damage occurring on site.

8. EXPORT COMPLIANCE

Buyer is solely responsible for compliance with all U.S. export control laws and regulations.
Auctioneer makes no representation regarding export eligibility of any item and assumes no responsibility for export documentation.

9. INDEMNIFICATION

Buyer agrees to indemnify, defend, and hold harmless Auctioneer, Seller, and their respective officers, directors, employees, agents, affiliates, and representatives
from and against all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to inspection, removal, transport, resale, or use of purchased goods, environmental matters, regulatory violations, or Buyer’s breach of these Terms.
This obligation survives sale and delivery.

10. LIMITATION OF LIABILITY

Auctioneer acts solely as agent and shall not be liable for acts or omissions of Seller.
Auctioneer shall not be liable for indirect, incidental, consequential, or special damages, lost profits, or business interruption.
If Auctioneer is unable to deliver title or possession of any lot for any reason, Buyer’s sole remedy shall be return of the purchase price actually paid for that lot.
Auctioneer’s maximum liability shall not exceed the Buyer’s Premium actually paid for the lot at issue.
Auctioneer’s maximum liability for any claim relating to a lot shall not exceed the total purchase price actually paid by Buyer for that lot.
Nothing herein shall limit any remedies required under the policies of any third-party online bidding platform through which the auction is conducted.

11. RESERVES; RIGHT TO BID; CONFIRMATION

Certain lots may be offered subject to a reserve or minimum price.
Auctioneer reserves the right, where permitted by law, to bid on behalf of Seller up to the reserve amount, to advance bidding on Seller’s behalf, or to reject any bid that does not meet reserve.
Auctioneer, its affiliates, officers, employees, or representatives may bid at the auction on behalf of Seller or for their own account where legally permitted up to the reserve price where permitted by law and disclosed in the auction listing.
Auctioneer and its affiliates shall not engage in undisclosed bidding practices inconsistent with applicable law or the policies of any third-party online auction platform.
Auctioneer reserves the right to reject any bid, resolve disputes between bidders, reopen bidding, withdraw any lot prior to confirmation, and confirm or reject the final high bid in its sole discretion.
No sale shall be deemed final until confirmed by Auctioneer.
For lots offered subject to reserve or seller approval, no sale shall be final until confirmed by Auctioneer. Lots advertised as “absolute,” “without reserve,” or “unreserved” shall be sold to the highest bidder in accordance with the terms stated in the auction listing.
For auctions conducted via a third-party online bidding platform, the platform’s user terms, bidding procedures, and dispute resolution policies shall also apply. In the event of a direct conflict concerning bidding mechanics or platform functionality, the platform’s rules shall control.

12. DEFAULT

If Buyer fails to comply with these Terms, Buyer shall be deemed in default.
Auctioneer may resell the goods without notice and recover all losses including difference between winning bid and resale price, storage costs, administrative expenses, lost commissions and Buyer’s Premium, and attorneys’ fees. Auctioneer may pursue all remedies available at law or equity.

13. JOINT AND SEVERAL LIABILITY

If Buyer is acting on behalf of any entity, the individual registering and bidding represents authority to bind such entity. The individual and the entity shall be jointly and severally liable for all obligations arising under these Terms.

14. CLAIMS; LIMITATION PERIOD

Buyer must provide written notice of any claim within ten (10) calendar days after the auction concludes or removal of goods, whichever occurs first, subject to the dispute resolution timelines and procedures of any third-party online bidding platform through which the auction is conducted.
Any legal action must be commenced within one (1) year of the date of sale.
Buyer waives any longer statute of limitations otherwise applicable.

15. GOVERNING LAW; VENUE; JURY WAIVER

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles.
Any dispute shall be brought exclusively in the state or federal courts located in the State of Georgia.
BUYER AND AUCTIONEER KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE AUCTION OR THESE TERMS.
The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

16. FORCE MAJEURE

Auctioneer shall not be liable for delay or failure to perform due to causes beyond its reasonable control including acts of God, government action, labor disputes, or facility closure.

17. ENTIRE AGREEMENT

These Terms, together with any announcements made prior to or during the auction, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
No modification shall be binding unless in writing signed by Auctioneer.

18. AGREEMENT TO TERMS

By registering for or participating in the auction, Buyer acknowledges and agrees to be bound by these Terms and consents to receive transactional and marketing communications from Auctioneer, subject to applicable law and the communication preferences established through any third-party online bidding platform.

19. SALES TAX

Buyer shall be solely responsible for the payment of all applicable federal, state, and local sales, use, excise, or similar taxes assessed on purchases made at auction.
Buyer may provide valid tax exemption documentation to Auctioneer prior to invoicing; absent timely and valid exemption documentation, applicable taxes will be applied. Online platform tax collection policies, including automated tax calculation and remittance, may apply where required by law.

20. ONLINE BIDDING; TECHNOLOGY PLATFORMS

Auctioneer may conduct auctions through third-party online bidding platforms, including but not limited to BidSpotter.
Participation in online auctions is subject to the terms and conditions of the applicable platform, in addition to these Terms. In the event of a conflict, these Terms shall control.
Auctioneer is not responsible for failures of internet connectivity, platform outages, data transmission errors, or any technical malfunction that results in a bid not being received, processed, or recorded.
Buyer is solely responsible for all bids placed under Buyer’s registered account, including any bid placed in error. Auctioneer shall have no obligation to cancel or modify any bid once submitted.
In online timed auctions, bidding on a lot may be automatically extended if a bid is received within a designated period before the scheduled close time (“soft close”). Auctioneer reserves the right to modify closing times at its sole discretion.Auctioneer may require Buyer to provide a valid credit card or deposit at registration as a condition of bidding approval, and such authorization may be used to satisfy any unpaid obligations.