BidSpotter Customer Service Support Department
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone or email.
Terms of Services
Subject to amendments and modifications announced by the Auctioneer at the time of the auction, any person participating in the auction shall be bound by the following terms and conditions and as stated or otherwise set forth in the brochure or at the auctioneer’s website www.ind-auctions.com.
REGISTRATION: All bidders are required to register and give full name, address and contact information. All domestic bidders may be required to leave a deposit of $1000.00 or 25% of the spend limit, whichever is greater, that will be refundable at the conclusion of the sale. All foreign bidders may be required to leave up to a $5000.00 deposit which would also be refunded at the conclusion of the sale.
1. Payment in full must be made before or immediately after the Conclusion of the auction. All payments shall be made by way of wire transfer, certified check, bank draft, or a company check accompanied with a valid bank letter of authorization guaranteeing irrevocable payment to; Industrial Auction Services LLC. Payments may be made in advance of the auction via wire transfer and any balance in excess of the balance owing will be refunded after the Auction. In the event payment is not made within 48 hours from the conclusion of the sale, we reserve the right to charge the full balance to the credit card on file when registering for the auction plus a 4% credit card fee.
2. Sales taxes arising on a sale shall be paid to the Auctioneer at The time of sale. Purchasers claiming exemptions from taxes shall provide proof satisfactory to the Auctioneer of their entitlement to Claim such exemption. In the absence of proof satisfactory to the Auctioneer, taxes shall be paid by the Purchaser.
3. All Articles will be sold to the highest bidder conforming to the bid process, provided that the Auctioneer reserves the right to sell articles by individual, group lots and "in bulk", as he deems Appropriate. The Auctioneer reserves the right to sell on behalf of Third parties, its own account or on the account of others. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at the Auctioneers discretion, be immediately Put up again and resold. The Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. The records kept by the clerk of the Sale, shall in all cases be accepted by the bidder as final.
4. Auctioneer reserves the right to sell subject to reserve and to bid for its own account and for the account of others, whether by Verbal or written proxy, all subject to prior sale.
5. All sales shall be concluded as indicated by the Auctioneer and No Purchaser may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price Is received.
6. ALL SALES ARE FINAL, ON AN "AS IS WHERE IS", "IN PLACE" "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. DESCRIPTIONS HAVE BEEN PREPARED FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS.
7. No article shall be removed unless paid for in full and all articles purchased shall be removed within the guidelines and Terms stipulated. The Purchaser shall be responsible for all costs of removal and shall be liable for any damages, including without limitation, any environmental damage, caused during or as a result Of the removal. Purchasers shall comply with all environmental laws and regulations and all requirements established by the Auctioneer for the removal of articles, including requirements as to bonding of movers; please refer to the REMOVAL REQUIREMENTS on inside back cover. No claims shall be allowed after removal of the purchased article.
8. Where available, documents of transfer, including motor vehicle ownership documents, which are in possession of the Auctioneer, will be provided to the Purchaser following the auction or as soon thereafter as such documents are available.
9. If the Auctioneer is unable to deliver an article sold to a Purchaser due to fire, theft or any other reason whatsoever, the Auctioneer shall reimburse the Purchaser for all monies paid to the Auctioneer in respect of the article and the Auctioneer shall have no further liability to the Purchaser arising from or relating to such Loss, including without limitation, any damages for loss of profits.
10. The Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such Privilege at any time.
11. The Auctioneer assumes no responsibility or any liability once Title passes, which occurs at time of payment in full. Purchasers are advised to prearrange for insurance coverage of their purchase. Title will revert to seller in the event purchaser does not remove His purchase by the time specified.
12. Time shall be of the essence. If a Purchaser fails to make payment or remove goods within the time periods provided, the Auctioneer may resell the article purchased by auction, private contract or otherwise, as the Auctioneer in his discretion deems advisable, and the Purchaser shall be liable for the shortfall and all costs and expenses, including but not limited to legal fees, moving and storage costs and commissions incurred in Such resale, or any other fees as assessed by the Auctioneer.
13. No Purchasers may assign, transfer or dispose of their rights in any article purchased before they have paid the purchase price in Full. Notwithstanding, these terms and conditions shall continue to be in effect and automatically transferred to any assignee or transferee.These terms and conditions together with any amendments or modifications expressly made by the Auctioneer at the time of the auction constitute all the terms and conditions with respect to the Sale of articles at this auction. There are no representations, warranties, terms, conditions undertakings or collateral agreements except as provided.
14. By registering for this auction you allow Industrial Auctions LLC to email promotional material to the email address on file. You may opt out of our mailings by notifying us in writing or by email.
15.Each lot of Equipment sold via Auction may be offered subject to a reserve price with or without notice to each Buyer. The Seller or Auctioneer may, without giving any reason, refuse to accept the bidding of any Buyer. The Seller or Auctioneer may, at their discretion and without any liability, cancel without notice the Auction either totally or in respect to any particular lot or lots of Equipment or to alter, vary, or withdraw any lot or lots either before or at any time after commencement of the Auction and prior to acceptance of a bid. The Seller or Auctioneer shall have the right to offer a complete facility as a single lot. The advances in the bidding shall be regulated by Auctioneer. Auctioneer reserves the right not to acknowledge or accept any bid which is deemed a junk bid, in Auctioneer’ sole discretion. Auctioneer reserves the right not to acknowledge or accept any bid which is merely a fractional advance over the preceding bid, in their sole discretion. If, for any reason whatsoever, the Seller fails to deliver an awarded lot or any portion thereof, the Seller’s and Auctioneer’ sole liability shall be the return of any deposit or monies paid on such non-delivered lot or portion thereof, and Buyer shall have no further claim with respect thereto.
16. In the event of problems resulting from online or webcast auction software malfunctions, internet connection disruptions or other computer related malfunctions, Auctioneer reserves the right to cancel any sale. Auctioneer at its sole discretion may reopen the bidding to determine the highest bidder. Auctioneer’s decision shall be final and absolute. The record of sale kept by Auctioneer will be taken as final in the event of any dispute
17. Any Dispute shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall be conducted in Middlesex county New Jersey. The arbitration shall be conducted by a single arbitrator, selected in accordance with the applicable rules of the association. Any award rendered by the arbitrator may be entered as a judgment or order and confirmed or enforced by either the Buyer or the Seller in any state or federal court having competent jurisdiction thereof. If these terms and conditions are found not to be subject to arbitration, the parties knowingly and willingly waive any right they have under applicable law to a trial by jury in any dispute arising out of or in any way related to this agreement or the issues raises by that dispute.