Vacuum Load Hopper

 Terms & Conditions

R~M Auction & Appraisal Co.

2-Day Timed Auction ending OCT 4^th and 5^th, 2017

Definition of certain terms:

“Auction Company” and "Auctioneer" shall mean R~M Auction & Appraisal Co., a trade name of TCIS, Inc., an Arkansas corporation with its principal place of business at PO Box 1303, Fayetteville, AR.

“ Bidder” shall be the person or entity registering for this auction whether or not he/she successfully places any bid during the auction.

“Back-up Bidder” shall mean the bidder in 2^nd place behind the highest bidder.

“Buyer” shall mean:

1)      The bidder whose high bid is accepted by the Auction Company, or

2)      The Buyer who executed the “Buy It Now” option, or

3)      The bidder who is the Back-up Bidder should the high bidder be disqualified or retract a bid.

“Seller” shall refer to the owner of the equipment, which may be one of any number of entities that consign equipment to the above titled auction.

Condition of Bidding

1)     By applying to be accepted as an authorized bidder, “Buyer” enters into an agreement by which the Buyer accepts, without reservation, all the below Terms and Conditions of this agreement, together with the above definitions. Acceptance and use of a Bidder Number shall result in the Bidder's unreserved agreement to these Terms and Conditions. Consideration for this agreement is acknowledged to have been given and received.

2)     A credit card must be registered with BidSpotter fo this auction.

Payment by Cash, Business Check, ACH, Wire Transfer, Credit Card (Add 3.25% convenience fee for credit card) 

Terms and Conditions of Auction Sale

2017 R~M Auction & Appraisal Terms

SELLER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS

18% Buyer's Premium on all sales, which includes a 3% Internet Fee. 

A credit card convenience fee of 3.25% will apply to all credit card purchases.

Full Payment Due at Termination of Sale. All payments must be completed 48hours after the first item closes.

Rigging and Loading Fees.

ALL BUYERS BE AWARE THAT RIGGING FEES MAY APPLY TO ALL PURCHASES PER EACH LOT DESCRIPTION OR BUYER REQUEST.  ONLY APPROVED RIGGERS MAY REMOVE EQUIPMENT UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY OWNER AND AUCTIONEER IN WRITING.

            DAY 1 Rigging and Loading:  Pls read carefully the DAY1 equipment descriptions of rigging and loading fees.  On that day the rigging and loading fees are included in the description for most pieces and WILL BE ADDED TO THE INVOICE automatically.

            Day 2 Rigging and Loading: With few exceptions only the loading fee is included in the description of the equipment and will be added to the invoice.  If the Buyer wants to have the equipment skidded or crated and loaded on a commercial truck, then additional charges will be incurred.  Those charges are available to a Buyer via email request to rmauction@bmaster.com or by calling 479-521-8978 and requesting to know the charge on any lot(s).

1. PAYMENT:  Cash, Checks, Wire Transfers, Cashiers Checks and Credit Cards payable to R~M Auction & Appraisal will be accepted. No equipment will be removed from the sale site until payment is received by R~M Auction & Appraisal. Sorry, NO EXCEPTIONS! 

2. NO WARRANTY OR GUARANTEE: While Auctioneer makes a good faith effort to get accurate description equipment and while all descriptions are believed to be correct, neither the Auctioneer nor the Seller make any warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. Unless otherwise described, everything sold "AS IS".  Any changes in terms must be in writing, signed by Seller and Auctioneer.  No warranties are made as to the merchantability of any items or their fitness for any purpose.

3. Buyer hereby agrees to defend, indemnify and hold harmless Seller its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney`s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold hereunder. This indemnification shall survive delivery of the Goods to Purchaser and any subsequent sale or other transfer of the Goods to a third party.

4. It is the Buyer's responsibility to ensure that all equipment meets all applicable government safety standards in using or removing items purchased at this auction.  All Import, Export, Taxes, Packaging, & Transportation fees are the buyer`s responsibility.  R~M Auction & Appraisal will provide its customary sales invoice. 

5. Sales Tax, if applicable, will be added to the purchase of all taxable items. Dealers may avoid sales tax by sending Auctioneer a digital copy of their resale permit numbers. If sales tax is not collected at the time of sale, and ultimately is deemed due and owing to a state entity at a later date, Buyer agrees to pay all required taxes.

6. Buyer does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased.

7. Auctioneer and Seller shall have no liability to the purchaser due to non-delivery of any item for any reason other than to return to the Purchaser the monies deposited for non-delivered items.

8. In the event the Buyer fails to pay the whole of the purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the Seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Auctioneers by the defaulting purchaser together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation hereunder.

9. The Bidder become the Buyer immediately upon being awarded the item at auction and at that moment becomes solely responsible for all items purchased. Therefore Buyer is advised to guard and insure Buyer’s purchases.6th

10. Items must be removed from the premises within 30 days of the end of the sale, unless extended time is given in writing.  No item can, on any account, be removed before termination of the sale, unless approved in writing by Auctioneer and Seller.  Removal shall be at the expense, risk and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment purchased is not removed within specified removal time and an extension is not granted, the equipment is deemed abandoned and the Buyer loses all rights to the equipment. 

11. If any shortage exists on estimated counts, an adjustment will be made if claims are made at time of removal. No adjustment will be allowed after items are removed from the premises.

12. Technology Disclaimer: Auctioneer does not warrant that the functions, features or content contained in the website, including any third-party software, products or other materials used in connection with the website, will be timely, secure, uninterrupted or error-free, or that defects will be corrected. 

13. The Seller's agent, when acting as agent only, is not responsible for acts of its principals.

14. Auctioneer reserves the right to remove lots, add lots, change terms, and change initial and incremental bid amounts at any time.

15. Bidder acknowledges that equipment is being sold at multiple locations in the USA.

16.  Unless changed by written agreement, all items for this Auction shall be picked up after payment and before the end of the 6^th day of November, 2017, after which time items are forfeit and may be disposed of at owner and/or auctioneer's discretion, with any and all prior payment being kept by owner  and/or auctioneer as Liquidated Damages.

17. By registering to bid and by bidding, Bidder accepts, without reservation the above terms and any terms which may be changed prior to the first bid on any lot. .