TERMS AND CONDITIONS OF AUCTION
Please read the following terms and conditions, prior to bidding. If you have not read all of the terms and conditions for this auction, DO NOT BID!
Payment: CASH, Wire Transfer, Certified Check or Credit Card
Registration: By registering and bidding for the auction, you agree that you have read and agree to abide by all terms and conditions contained herein. When you register for the auction, you will receive a bidding number via email. This bidding number is valid for all online auctions conducted by Detroit Metro Auctions.
When you register and place your first bid for the auction, your credit card number on file will be authorized for $1 to validate the credit card. This is only an authorization, and it will be automatically credited back to your account.
Any bidder who does not comply with the terms and conditions will have their bidding privileges revoked.
Extended Bidding: This online only auction has an extended bidding feature. The closing time of a lot is automatically extended 5 minutes whenever a bid is placed in the last 5 minutes of the lot's closing time. The bidding for the lot will close when a period of 10 minutes has expired without an additional bid. Times vary on amount of lots.
Removal: If you cannot have all of your purchases removed by the end of the removal period, DO NOT BID. NO EXCEPTIONS WILL BE MADE TO REMOVAL DATE. No refunds or charge-backs will be granted due to a lack of removal during the designated times.
Detroit Metro Auctions does not provide labor, equipment, tools or supplies needed to package or remove purchases. Please bring sufficient tools and labor. Purchaser is responsible for proper disconnection of all appliances.
Damages: Any damages caused by a purchaser or other party during the inspection period or during the removal period must be made good by the purchaser or party causing the damages.
Warranty: Unless otherwise noted, you are buying used merchandise. Neither the seller nor the auctioneer makes any warranty or guarantee to the condition of any item. All items are sold "as is, where is". Item descriptions have been derived from sources believed to be correct; however, neither the seller nor the auctioneer guarantees these descriptions. RELY ON YOUR OWN PERSONAL INSPECTION.
The failure of any bidder to inspect, or to be fully informed as to the condition of the property, its age, value or other determinative factor, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid.
The Site User Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product.
Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk.
Agency: All transactions are between the seller and the buyer. The auctioneer is acting only as the seller's agent.
Buyers Premium: A fifteen percent (15%) buyers premium will be added to all purchases.
Sales Tax: Sales tax will be collected, when applicable. Sales tax, property tax and registration fees on any vehicle are the responsibility of the purchaser to be paid directly to the appropriate government agency.
Auctioneer reserves the right to resell any property not paid for in full with all funds received by Auctioneer within two days of the online auction item/lot's closing date.
<p>Failure to pay for item/lots won on this online auction will result in legal action against Buyer by either the Owner/Seller and/or the Auctioneer. Further, the Buyer will be banned from any future auctions. Auctioneer may resell any unpaid-for items with Buyer responsible for collection and damages resulting from the resale. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose.
<p>Winning Bidder Notification: If you are the winning bidder for a lot or group of lots, you will be notified with an invoice via email within 1 hour of the close of the auction.
<p>Catalog Discrepancies: You are bidding on the item as described. Do not rely solely on the photograph. Occasionally, the wrong photograph may be displayed, or other additional items may be pictured which do not sell with the current lot.
<p>Bidding Errors: If you mistakenly increase your own bid, place your bidder number in the bid field, or make any other gross bidding error, you must contact our office immediately by email. If an adjustment is made to your bid, you must remain the high bidder.
<p>We will not reverse bids that have caused another bidder to be outbid. We will not reverse any bids after the auction has begun to close, no exceptions.
<p>Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyers, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
<p>Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder's registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product could be illegal, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. Only the laws of the State of Michigan shall apply and shall govern all actions accordingly. Buyer agrees to abide by all such Michigan laws.
<p>As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
<p>Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auctioneer has in place for that feature. When using the Maximum Bid feature, if you are the current high Bidder and you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that item/lot in order to raise your Maximum Bid which may cause you to raise your last high bid by one bid increment. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
<p>You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without Auctioneers prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
<p>You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of the Auctioneer.
<p>THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Access and use of any online auction site of Detroit Metro Auctions (collectively the "Site") is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively "Site User Agreement") and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU, THE BIDDER, AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation.
<p>Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidder's responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this site, you, the Bidder, agree in advance to accept all rules, terms, and conditions, and any such possible changes thereto. You, the Bidder will be suspended or permanently banned from the Site if you, the Bidder, provides false information when registering, such as a false name or fraudulent contact information. You, the Bidder, will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Furthermore, if you do not honor your auction bid, legal action may be taken against you.
<p>Detroit Metro Auctions (hereinafter "Auctioneer") use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you, the Bidder, is strictly prohibited. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
<p>I hereby waive all claims to future litigation against Detroit Metro Auctions regarding my visit to these premises on any and all auction preview days, any and all auction sale days and any and all days requiring removal of purchased merchandise from these premises for the following: 1) Accident or injury to me or damage to my property resulting from acts other than those caused by the negligence of Detroit Metro Auctions. & 2) Claims for loss or damage to any personal property or equipment that I may bring on to the premises. It is further understood and agreed that I, nor any person(s) accompanying me, will attempt to operate or activate any machinery or equipment without direct permission from a representative of Detroit Metro Auctions It is furthermore understood and agreed that, if permission for operation or activation is granted, I will assume all liability for damage and costs of repair if I, personally, or my representative(s) causes damage to the machinery, equipment, or the premises during inspection or removal. An auction site is a potentially dangerous place. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such 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. Bidders shall so advise their agents and employees. No person shall have any claim against Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at such site. Neither Auctioneer nor Seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder, person or entity in connection with the auction. Without limiting the foregoing, in no event shall Auctioneer's liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder, person or entity has actually paid to Auctioneer as a deposit or as payment for a purchased item.
The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Michigan applicable to contracts entered into and to be performed entirely within the State of Michigan. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
<p>Chargebacks: Bidder agrees that under no circumstances will he or she initiate a chargeback.
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