TERMS OF SALE
Set forth below are the Terms and Conditions that shall
apply to any purchase by any party either directly from
B.I.C. AUCTIONS INC. or in a transaction in which B.I.C.
AUCTIONS INC. serves as broker, agent, liquidator or
auctioneer for any third party owner. The Terms apply to all
Transactions, including without limitation, public auctions
conducted by B.I.C. AUCTIONS INC. and direct purchases by
Buyer of any item either before, after or independent of any
public auction. By using or accessing any and all B.I.C.
AUCTIONS INC. services and or Websites you agree your have
read and understand the Terms stated herein and are bound to
these Terms. You may not use or access any and all B.I.C.
AUCTIONS INC. services if you do not agree to the Terms
stated herein
TERMS AND CONDITIONS
1. All machinery, equipment, merchandise and other items are
sold on an as-is/where-is basis with no warranties or
representations whatsoever either expressed or implied.
Neither B.I.C. AUCTIONS INC. nor the consignor makes any
warranties or representations of any kind or nature with
respect to the property or its value, and in no event
shall
they be responsible for correctness of description,
genuineness, attribution, provenance, authenticity,
authorship, completeness, condition of the property or
estimate of its value. No statement (oral or written) in
the catalog, at the auction, or elsewhere shall be deemed
such a warranty or representation, or any assumption of
responsibility. Prospective bidders are urged to contact
B.I.C. AUCTIONS INC. directly for detailed information
regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE AND MERCHANTABILITY are expressly disclaimed.
2. Registration. Buyers must register prior to bidding at
any auction sale and must be of legal capacity to enter into
this agreement. All bidders must provide their name, company
(if applicable), mailing address and phone number prior to
the auction. By registering you represent and warrant any
and all Buyer Information is accurate and complete. It is
solely the Buyers responsibility to maintain current Buyer
Information for completeness and accuracy. B.I.C. AUCTIONS
INC. reserves the right to deny and or terminate
Registrations at any time at its sole discretion without
notification. B.I.C. AUCTIONS INC. reserves the right to
deny usage and access of B.I.C. AUCTIONS INC. Services and
Websites at any time without notice or liability to any
persons or third parties. When applicable, Electronic
bidders are required to provide a valid email address and
Visa or MasterCard number. At its discretion, B.I.C.
AUCTIONS INC. may charge a registration fee for Electronic
bidding. This fee will be clearly displayed during the
registration process. The Bidder authorizes B.I.C. AUCTIONS
INC. to charge liquidation damages to the credit card left
on file during the registration process.
(See section 9 below.)
3. Deposits. B.I.C. AUCTIONS INC. requires a deposit of not
less than twenty five percent (25%) of the Buyers TOTAL
PURCHASE PRICE by the end of sale day - with the balance due
by the end of the next business day. This can be in the form
of Cash, a Cashiers Check, or Business Check with a Bank
Letter of
Guarantee for Onsite auctions. For Electronic bidders, at
its discretion, B.I.C. AUCTIONS INC. may contact bidders via
email or telephone before or during the sale to provide a
Bank Letter of Guarantee or Wire Transfer as a deposit. If
B.I.C. AUCTIONS INC. does not receive a response from its
attempts to contact Buyer or if the Buyer does not provide a
deposit, B.I.C. AUCTIONS INC. reserves the right to refuse
or cancel Buyers bids and re-sell Goods.
4. Invoices & Payment Instructions. For Onsite and Webcast
auctions, winning bidders can request a printed paper
invoice at the sale location during or after the sale.
Electronic bidders will be sent an electronic invoice to the
email address provided during registration. Invoices can be
faxed upon request. Detailed payment instructions for each
sale are available in the printed lot catalog at the sale
location on the day of the sale. Electronic bidders will be
sent detailed payment instructions via email along with
their invoice.
5. Payments. B.I.C. AUCTIONS INC. must receive the balance
of the total purchase price no later than the close of
business on the day following the auction (the \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Final
Payment Date\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"). All payments must be by
Cashiers or
Certified Check, Federal Wire Transfer of immediately
available funds or a Corporate Check accompanied with a Bank
Letter of Guarantee, and all of the
foregoing must
be
in form, scope and substance acceptable to B.I.C. AUCTIONS
INC.. Credit cards are accepted for payment, Electronic
bidding registration and for Liquidated Damages in the event
of a default. If paying by credit card, the exchange rate
for sales conducted in foreign currencies will be posted the
day of the sale and will be based upon the current currency
conversion rates. Without limiting B.I.C. AUCTIONS INC.
discretion, NO Corporate Checks without a Bank Letter of
Guarantee and NO personal checks will be accepted. No title
shall pass to Buyer until the total purchase price and all
Taxes have been paid to B.I.C. AUCTIONS INC. in collected
funds.
6. Taxes. Buyer must also pay to B.I.C. AUCTIONS INC. on or
before the Final Payment Date, all sales, export, use and
other taxes due to any federal, state or local taxing
authority as a result of Buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s purchase, including
without
limitation, any taxes arising from any Buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s Premium
(as
defined below). To receive the benefit of any tax exemption,
Buyer must supply B.I.C. AUCTIONS INC. with a sales tax
exemption certificate acceptable in form, scope and
substance to B.I.C. AUCTIONS INC. in B.I.C. AUCTIONS INC.
sole discretion.
7. Buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s Premium. B.I.C. AUCTIONS INC. in its sole
purpose
impose a buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s premium on any Goods sold. The
Buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s
Premium is a percentage that is added to the final purchase
price of any item. For online auctions, B.I.C. AUCTIONS INC.
shall charge and collect from each successful bidder a 16%
buyer\\\\\\\\\\\\\\\'s premium if paying by credit card or 13%
buyer\\\\\\\\\\\\\\\'s
premium if paying by Cashier\\\\\\\\\\\\\\\'s or Certified Check, Federal
Wire Transfer or Corporate Check with Bank Letter of
Guarantee for each sale at the auction, in addition to the
purchase price as bid.
8. Removal. (1) Buyers or their Agents must remove all Goods
purchased before the final removal date and time announced
by B.I.C. AUCTIONS, INC. at the auction. (2) No Goods shall
be removed until the full purchase price and all applicable
taxes thereon have been received by B.I.C. AUCTIONS INC. in
the form required herein. Any Goods not removed on or before
the Removal Date shall be subject to storage charges that
B.I.C. AUCTIONS INC. may in its discretion impose. ANY ITEMS
NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED
ABANDONED AND B.I.C. AUCTIONS INC. SHALL HAVE NO FURTHER
OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. (See also
#8C.)
8A. Buyer shall be responsible for the safe and proper
removal of any Goods purchased by Buyer. B.I.C. AUCTIONS
INC. does not pack, ship, store, crate or rig items. Buyers
may either pick up Goods at the designated auction site
personally or can contract with a third party agent to
manage the removal process for them. Before Goods can be
removed by an Agent, Agent must provide B.I.C. AUCTIONS INC.
with (1) proof of payment in full (Paid In Full Invoice) and
(2) an Agent Release Authorization form which allows B.I.C.
AUCTIONS INC. to release items to a third party contractor
for shipping, crating, rigging or packing purposes.

8C. Small Lot Removal. B.I.C. AUCTIONS INC. shall have no
responsibility whatsoever for any missing or lost items that
can be removed by hand if such items have not been removed
within forty-eight (48) hours of the conclusion of the sale.
There will be NO removal of any lots until the auction is
complete.
9. Default. Bidders must bid only on those items they are
prepared to pay for and remove in accordance with the terms
and conditions of this sale. All items awarded to high
bidders are contractually theirs and must be paid for by the
Final Payment Date and removed by the Final Removal Date. IN
THE EVENT BUYER FAILS TO
PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS
SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION
APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT.
THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the
purchaser shall lose all right, title, and interest which
he/she might otherwise have acquired in and to such property
as to which default has occurred. B.I.C. AUCTIONS INC. will
re-market and re-sell this property.
9A. Payment Default. Failure to pay invoices in full by the
Final Payment Date in accordance with payment terms will
subject Bidder to pay as Liquidated Damages a sum equal to
the lesser of (1) 20 percent of the invoice price of the
item(s) as to which the default has occurred, or (2) the
full amount of the difference between the original invoice
price and the re-sold price plus any expenses incurred to
re-market or re-sell these items. IF B.I.C. AUCTIONS INC.
HAS NOT RECEIVED PAYMENT FOR WINNING BIDS
WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER
AUTHORIZES B.I.C. AUCTIONS INC. TO CHARGE LIQUIDATED DAMAGES
TO THE CREDIT CARD LEFT ON FILE DURING THE
REGISTRATION PROCESS.
9B. Removal Default. Failure to remove items by the Final
Removal Date in accordance with removal terms will subject
Bidder to pay as Liquidated Damages the full amount of the
expenses incurred to store or transport items until they are
re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF
THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES B.I.C.
AUCTIONS INC. TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT
CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
10. After Buyer has removed any item from B.I.C. AUCTIONS
INC. possession, B.I.C. AUCTIONS INC. shall have no
obligation to make any adjustment or accommodation to Buyer
because of any mistake in quantity or other defect or
problem with respect to such item.
11. B.I.C. AUCTIONS INC. shall not be responsible for any
damages, loss or theft of Goods except in the case of B.I.C.
AUCTIONS INC. willful misconduct. Without limiting the
foregoing, B.I.C. AUCTIONS INC. shall not be responsible for
damages or losses caused by strikes, civil disorders, or
acts of God.
12. If for any reason B.I.C. AUCTIONS INC. is unable to
deliver any Goods purchased by Buyer, B.I.C. AUCTIONS INC.
sole liability shall be to return all sums paid by Buyer to
B.I.C. AUCTIONS INC. in respect of such Goods.
13. Minimum or Reserve Prices. B.I.C. AUCTIONS INC., in its
sole discretion, reserves the right to establish a reserve
or minimum price on any Goods without having to announce,
post or publish notice to attendees and buyers at any
auction. B.I.C. AUCTIONS INC. reserves the right to confirm
or reject the final bid.
14. Absentee Bids. By completing an Absentee (Proxy) Bidder
Form, Bidders may appoint B.I.C. AUCTIONS INC. to be an
agent and proxy for the sole purpose of purchasing the items
listed when the Bidder CANNOT bid on the day of the sale.
ALL BIDS ARE FINAL AND BINDING and DO NOT include any
applicable buyer\\\\\\\\\\\\\\\'s premiums and sales taxes. B.I.C.
AUCTIONS
INC. will bid up to the specified maximum bid amount to win
the item, using only the amount needed to win the item.
B.I.C. AUCTIONS INC. has complete discretion whether and
when to accept Proxy bids. The auctioneer\\\\\\\\\\\\\\\'s announcements
at
the time the lot is sold take precedence on any and all
published materials. Proxy bidders will be notified only if
they have been declared the high bid. Notification will take
place in the form of an electronic invoice which will be
sent to the email address provided during registration.
15. B.I.C. AUCTIONS INC., in its sole discretion, reserves
the right to refuse the bid of any person without providing
any notice or reason therefore. B.I.C. AUCTIONS INC.
reserves the right to deny the usage and access by any
person or third party of any and all B.I.C. AUCTIONS INC.
Services and Websites without notification.
16. B.I.C. AUCTIONS INC., in its sole discretion, shall
control all bidding increments and advances at any auction.
B.I.C. AUCTIONS INC. reserves the right to reject any bid
that is only a minimal increase over the preceding bid, that
is not commensurate with the value of the item being offered
or that B.I.C. AUCTIONS INC. believes was made illegally or
in bad faith. In the event of a dispute among bidders,
B.I.C. AUCTIONS INC. may, in its sole discretion, either
accept what it deems to be the final bid or solicit further
bids on the item in dispute. No returns or refunds will be
permitted, unless authorized by the seller in writing.
17. B.I.C. AUCTIONS INC. reserves the right, in its sole
discretion, to sell items advertised as a public auction
sale, on a piece by piece basis or as a complete lot.
Without limiting the generality of the foregoing, B.I.C.
AUCTIONS INC. may accept a complete lot bid and then conduct
an item by item auction which auction shall be effective
only if the total proceeds there from exceed the amount of
the complete bid.
18. All information provided by B.I.C. AUCTIONS INC. to
Buyers, including without limitation, any advertising, lot
sales catalogs or otherwise, is subject to deletions,
errors, additions, and changes without notice. Although
information is gathered from sources thought to be reliable,
B.I.C. AUCTIONS INC. shall have no responsibility whatsoever
for any information provided to any attendee or buyers. All
buyers shall rely solely on their own investigation and
inspection of any Goods.
19.B.I.C. AUCTIONS INC. reserves the right to amend any and
all of the Terms and Agreements stated herein at any time
without notification at B.I.C. AUCTIONS INC. sole
discretion. It is the Buyers responsibility to read and
review the Terms and Conditions for each sale. B.I.C.
AUCTIONS INC. provides the Terms and Conditions through its
Websites and in printed form at on-site auctions.
20. If B.I.C. AUCTIONS INC. Is selling or auctioning any
Goods on behalf of a third party owner, B.I.C. AUCTIONS INC.
shall act as an agent only and shall have no liability
whatsoever for the acts of any owner/principal.
21. Buyers agree to comply with all US export control and
related laws, and acknowledge that B.I.C. AUCTIONS INC. is
not the exporter of any purchased item. Certain items
offered for sale at the auction may constitute Restricted
Technology. Under federal law, such items may not be shipped
outside the United States. B.I.C. AUCTIONS INC. makes no
representation or warranty concerning, and has conducted no
investigation to ascertain which items, if any, constitute
Restricted Technology.
22. Buyers acknowledge that an auction site is a potentially
dangerous place, Flammable, noxious, corrosive and
pressurized substances may be present. Heavy equipment may
be operated and electrical circuits may be live. Every
person enters the auction site at his or her own risk with
notice of the condition of the premises and the activities
that will be or have been conducted on the premises. No
person shall have any claim against B.I.C. AUCTIONS INC.,
the seller or their respective agents for any injuries
sustained or for damages to or loss of property that may
occur at the auction site.
23. If the Buyer fails to comply with any of the Terms,
B.I.C. AUCTIONS INC. shall have all rights and remedies
available to it at law and in equity. Without limiting the
generality of the foregoing, B.I.C. AUCTIONS INC. may retain
all deposits and partial payments received from Buyer and
may resell any Goods that Buyer fails to purchase. Buyer
shall be responsible for all costs, losses, and damages
suffered by B.I.C. AUCTIONS INC. (i) as a result of Buyer\\\\\\\\\\\\\\\'s
breach of any of the Terms, including without limitation,
lost profits and consequential damages, and (ii) incurred in
connection with the enforcement of B.I.C. AUCTIONS INC.
rights, including, without limitation, legal fees and costs
and expenses related to the resale of Goods, including
storage and rigging fees.
26. B.I.C. AUCTIONS INC. reserves the right to withdraw or
sell any assets contained in an auction prior to or
proceeding the stated auction period without notification.
B.I.C. AUCTIONS INC. reserves the right to temporarily or
permanently end an auction prior to or during the stated
auction period at its sole discretion without notification.
B.I.C. AUCTIONS INC., in its sole discretion, reserves the
right to extend the stated auction period without
notification.
27. Buyers agree they will defend, indemnify and hold
harmless B.I.C. AUCTIONS INC., including its affiliates,
directors, officers, employees, agents, shareholders, co-
branders, or partners, from and against any and all claim,
loss, damage, liabilities, judgments, fees and expenses
incurred by B.I.C. AUCTIONS INC. including its affiliates,
directors, officers, employees, agents, shareholders, co-
branders, or partners, through the use of B.I.C. AUCTIONS
INC. Services and Websites.