Dremel Trio Rotary Tool w/Case

TERMS AND CONDITIONS

NOTICE: All Bidders agree that they have read and fully understand these terms and agree to be bound thereby

1. REGISTRATION: Onsite bidders must register on day of sale at the auction site. You must provide your full name, company name (if applicable), mailing address, telephone number and signature to receive a bidder’s number, which will be valid for this auction sale only. Online bidders must create an account with Bidspotter.com. You must provide your full name, company name (if applicable), mailing address, telephone number and email address. A valid credit card is required; we accept Visa, MasterCard and Discover. By registering you represent and warrant that any and all Buyer information is correct. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification.

2. INSPECTION: Buyer may inspect the items available for auction and are urged to do so on Wednesday, May 31, 2017 from 9:00 AM to 4:00 PM. ALL SALES ARE FINAL, SO PLEASE ATTEND THE PUBLIC INSPECTION! This is your opportunity to personally verify the description, condition, size, color & value of the items you're interested in. Auction Company will NOT pack nor ship any items. Shipping and shipping arrangements are the buyer’s sole responsibility.

3. DEPOSIT: A 25% Deposit (minimum $100.00) will be required from onsite bidders at the time that the lot is struck down, or so much more, up to the full amount of the bid, at the Auctioneer’s demand and option. Auction Company reserves the right to request a deposit from any online bidder prior to or during the bidding process.

4. PAYMENT: Auction Company must receive all payments by 4:00 PM on Friday, June 2, 2017. Payments may be made by cash, cashier’s check drawn to the order of Wm. F. Comly & Son, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that: MR./MRS.___________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS/HER ACCOUNT UP TO $__________________ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION ON THURSDAY, JUNE 1, 2017. Bank wire transfers to the account of Wm. F. Comly & Son, Inc. and credit card payments will also be accepted (Visa, MasterCard and Discover). Please contact auction office for further instructions.

5. CHARGEBACKS: As a condition to registration and bidding, Buyer agrees that Buyer will not, under any circumstance, initiate a chargeback to Buyer’s credit card. Buyer further agrees that Buyer is waiving any chargeback rights that may exist under the agreement between Buyer and Buyer’s credit card company. Should a chargeback be initiated by Buyer, these terms and conditions will be conclusive evidence of Buyer’s waiver of any chargeback rights.

6. TIME OF REMOVAL: Removal will begin at the conclusion of the auction sale thru Friday, June 16, 2017. Hours for removal are from 9:00 am to 4:00 pm (no weekend hours). No goods will be released to the purchaser until the entire Auction is completed and the entire bill is paid in full. Lot #’s 523 through 526, 532, 556, 558, 569 through 577, 629, 630, 631, 652 through 660, 669, 683 through 689 must remain onsite until 12 Noon; Thursday; June 15.

7. MANNER OF REMOVAL: Buyer must remove the merchandise from the premises at Buyer’s own risk, expense and liability. Purchases can be removed only upon presentation of original paid invoice. Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of Buyer.

8. RIGGING: Rigging is also at Buyer’s own expense, risk and liability. A certificate of insurance in the amount of $1,000,000.00 naming Wm. F. Comly & Son, Inc., the landlord, and the Seller as additional insured entities must be presented to Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc. whether performed by Buyer or a rigging company. Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer’s removal of the purchased items. Auction Company has the right to reduce or eliminate these requirements at its sole discretion.

9. NON-PAYMENT: Auction Company reserves the right to charge the Buyer’s credit card that was used at time of registration for any unpaid balance on an invoice. In default of payment of bills in full within the time herein specified, the Auction Company, 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 or removed within the time specified herein will be considered abandoned and may be resold at public or private sale without further notice and any deficiency, together with all expenses and cost of re-sale, will be charged to the defaulting Purchaser.

10. NON-DELIVERY RESPONSIBILITY: All purchases made are at Buyer’s risk. Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. Auction Company shall not, 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 Buyer the deposit or sum paid on said lot.

11. NO WARRANTY OF ITEMS SOLD: All items are sold on an “AS IS WHERE IS” basis with no warranties or representations whatsoever either expressed or implied including, but not limited to, any representation or warranty relating to title, possession, quiet enjoyment or the like. Auction Company is not responsible for the correct description, authenticity, genuineness of, or defects in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS, WHERE IS" and without recourse. It is for this reason that Buyer should take advantage of the opportunity to make inspection prior to sale.

12. MANNER OF ITEMS SOLD: All items will be sold on a unit basis, unless listed as being sold by the "Lot". Auction Company also reserves the right to withdraw from sale any of the items listed or to sell at this Auction items not listed. Auction Company reserves the right to temporarily or permanently end an auction during the stated auction period or extend an auction without notification. Auction Company also reserves the right to sell all of the items listed in bulk or to sell any and all items or lots prior to the auction.

13. SALE BY COUNT, MEASURE OR WEIGHT: Where items are sold by count, measure or weight, Buyer will be billed for, and required to pay, the estimated count, measure or weight. If, upon removal, any shortage exists, Buyer will receive a refund at the rate of purchase. If there is an excess, Buyer is required to accept and pay for this excess at the rate of purchase.

14. CLAIMS: No claims or allowances of any sort will be allowed once the assets have been removed from the premises.

15. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more Bidders, the Auctioneer may decide the Sale or may immediately put the lot up for sale again and resell to the highest Bidder. The decision of the Auctioneer shall be final and absolute.

16. TECHNOLOGY: Buyer acknowledges and agrees that the internet is an unreliable, unsecure, and error-prone network. Regarding our online and webcast auctions, Auction Company cannot and does not guarantee continuous, uninterrupted or secure access to the online bidding service provider or the comly.com website or that Buyer information, including auction registration and bids, will be transmitted and received in a timely fashion. Buyer agrees that Auction Company assumes no liability or responsibility for the malfunction or failure of the use of this technology.

17. PERSONAL & PROPERTY RISK: Persons attending during exhibition or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company, landlord and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Auction Company, landlord and Seller shall not be held liable by reason of any defect in or condition of the premises on which the assets are located.

18. INDEMNIFICATION: Buyer agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising therefrom.

19. AGENCY: Auction Company is acting as agent only and is not responsible for acts of its principals.

20. RESERVE: Auction Company reserves the right to reject any and all bids. On lots in which there is a reserve, the Auction Company has the right to bid on behalf of the Seller.

21. BUYER’S PREMIUM: A Buyer’s Premium is a percentage that is added to the final bid price of any item. A 21% Buyer’s Premium will be added to all purchases made online and 18% for purchases made onsite. The Buyer’s Premium will be reduced by 3% if your entire bill is paid by cash, cashier’s check or wire transfer.

22. SALES TAX: Buyer shall pay to Auction Company all applicable sales or use taxes imposed by taxing authorities as a result of Buyer’s purchases including, without limitation, any tax on the Buyer’s Premium. To receive the benefit of any tax exemption, Buyer must present to Auction Company a sales tax exemption certificate acceptable in form, scope and substance to Auction Company in Auction Company’s sole discretion.

23. ADDITIONAL TERMS: These terms may be changed or modified by Auction Company at any time without notification and other terms may be added.

Thanks for your participation in our auction sale!

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