Auction Terms & Conditions
Bidding and Sales Conditions:
A 15% Buyers Premium Shall be Applied on the Winning Bid price of each and every lot you purchase. It is charged by the auctioneer to cover administrative expenses. The Buyer’s premium goes directly to the auction house and not to the seller.
A Winning Bid is defined as the highest bid that exceeds any reserve (if a reserve bid exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or annulled for any reason then the auctioneer shall have the right to accept the next highest bid.
If conflicts arise within the bidding process for any reason, it is the sole right of the auctioneer to make the final determination regarding possession and ownership of the winning bid.
Every applicable lot is subject to be liable for any and all sales tax and duties (including any VAT, sales tax, and import duties) that may be imposed on the final price paid for an item. Accordingly, it is the buyer's responsibility to check the applicable taxes and duties that may be imposed on an Item prior to placing a bid.
Upon conclusion of an auction, it is the bidders responsibility to have the full knowledge and understanding for lots they have won and/or bid upon.
The nature of auctions, particularly at consignor locations is tumultuous. Additional conditions, including, but not limited to available hours for pickup, preview, and transport fees may be applicable. These conditions will be posted within the first 10 lots of any auction up to and including the final day of auction. It is the bidders responsibility to be aware and updated on these conditions as they are posted. If the bidder has any questions regarding these conditions they are advised to contact the auctioneer directly during business hours.
Hometown Estates & Auctions LLC takes measures to ensure merchandise is secure. Once purchased, this becomes the buyers responsibility.
If for any reason, the auctioneer is unable to deliver any lot, or any necessary documentation required in respect of any lot, the auctioneer’s sole liability, if any, shall be the return of any money paid on such a lot.
Utah Sales Tax is Payable by all Buyers liable to tax. All dealers must provide a valid sale number upon Registration and fill out a Utah ST-101 form prior to bidding for Tax Exempt Status. It is the bidders responsibility to ensure the completion and update of their sales tax liability and will be updated at auctioneer’s discretion.
Our staff do our best to document the condition and description for each lot listed. Understand that this is a Guess. We hold no liability for items that may be listed or portrayed improperly as a result of our assumptions. It is the bidders responsibility to fully preview and inspect the condition and nature of the items they bid on.
It is the bidders responsibility to be aware of potential viewings of the merchandise, previews are listed individually for each auction.
Upon Completion of an auction credit cards on file will be charged within 48 hours for winning bids. Credit Card Company charges 3% to process all credit / debit cards. It is the Bidders responsibility to make alternative arrangements before completion if they wish to pay using an alternative method.
By bidding on any item you consent to be bound by these terms and conditions as well as their enforcement.
It is the bidders responsibility to be aware of the functions, capabilities, and limitations of Hi-bid and its respective platforms regarding, but not limited to bidding, account creation, and lot closings/extension mechanics.
Collusion with other bidders such as, but not limited to Bid Rigging, Bid suppression, Complementary Bidding, Bid Rotation, or Subcontracting as outlined in the Sherman Act is unlawful and punishable with fines or imprisonment along with account termination without notice.
For any reason, upon placing a bid, customer request or inquiry, or otherwise you consent to allow the auctioneer to contact you to arrange for payment, shipping, and/or pickup or other reasons pertaining to your bid, merchandise, shipping, account, or other business reason.
Pickup of any auction items must be completed no later than time allowed unless prior arrangements have been made. Any items not picked up during time allowed will be considered abandoned and at auctioneer’s discretion may be listed in a following auction. It is the bidders responsibility to both be aware of pickup times, and capable of retrieving their items within that time or else must make other arrangements with the auctioneer at their discretion.
Bidding on locations not at Hometown Estates & Auctions LLC owned property necessitates special conditions. If items are not retrieved at these locations additional fees may be charged for the transportation to Hometown Estates & Auctions LLC property at bidder’s expense.
Some lots may include items that may pose a danger when handled. Hometown Estates & Auctions LLC is not liable for injuries or damage caused by the handling of any item purchased including but not limited to during retrieval.
It is the responsibility of the bidder to ensure they have the capabilities, tools and/or otherwise to retrieve every lot that they purchase. The pickup service provided by employees is a courtesy, not an obligation and subject to the discretion of Hometown Estates & Auctions LLC.
Hometown Estates & Auctions LLC offers no warranty or guarantee regarding any lot’s functionality, condition, or nature. Items are listed “As is, Where is” transportation of the lot and knowledge of the characteristics of any lot are the bidders responsibility.
These Terms and Conditions are subject to change without notice on any particular auction. It is the bidders responsibility to be aware of changes within this document on each auction they participate in.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, do not use our service. If you are registering as a business entity, you represent that you have the authority to bind your corporate entity to these Terms and Conditions.
If any provision of the Terms and conditions is found by a court of competent jurisdiction to be invelid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.
The listed Terms and Conditions and the relationship between you and Hometown Estates & Auctions LLC shall be govern your use of service and your bidding on, account usage, purchase, solicitation of offers to purchase, and sale of items, shipping and handling, delivery, viewing, and examination of merchandise.
You agree to indemnify and hold Hometown Estates & Auctions LLC harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You and Hometown Estates & Auctions LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davis, Utah. The failure of Hometown Estates & Auctions LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Upon acceptance of the terms and conditions, regardless of all other statutes or laws to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Shipping and Handling Conditions:
Shipping may not be applicable for every auction or lot. It is the bidders responsibility to be aware of shipping options for every lot and/or auction they bid on.
Delivery and/or shipping costs will be the sole responsibility of the buyer, a handling and packaging fee will be applied at auctioneers discretion. It is the buyers responsibility to ensure their card on file is capable of processing this charge or shipping may be delayed.
Lots may be packaged and shipped at Bidders expense without notice, particularly for non-local addresses, if not retrieved during pickup times. However, It is still the bidders responsibility to ensure that their package is being shipped or otherwise retrieved within pickup times else it may be considered abandoned and subject to previous conditions.
Shipping services, when available, may take up to 14 days. This may be delayed as a result of, but not limited to Holidays, Employee Availability, Consignor locations, Improper or Invalid Shipping Address, Insufficient Funds, or Number of Lots.
Shipping Services may not be applicable to all lots on the basis of, but not limited to size, weight, or potentially hazardous materials. It is the bidders responsibility to ensure that shipping services will be available for items they intend or desire to have shipped. Alternative shipping options may be arranged by bidder at auctioneer’s discretion.
Address and Contact information is retrieved at time of shipping. Hometown Estates & Auctions LLC is not liable for packages sent or charged for incorrect or otherwise undeliverable locations. It is the bidders responsibility to ensure that their address on file is reachable by the auctioneers current shipping provider. It is advised to contact Hometown Estates & Auctions LLC during business hours to ensure all shipping information and details are correct.
International Shipping Options may be available at auctioneers discretion and subject to all laws and regulations pertaining to their delivery for both sending, receiving, and any intermediary countries.
Hi-Bid, Auctionflex, & Other Third Parties:
Hometown Estates & Auctions LLC utilizes the third party platforms of Hi-Bid and Auctionflex. The use of these platforms are subject to their own terms and conditions for continued use.
If issues arise during bidding, including but not limited to webpage availability, bidding errors, or misleading formatting it is the bidders responsibility to ultimately resolve these conflicts with their respective parties, not the responsibility of Home Estates & Auctions LLC.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
Using this service you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the service’s registration form (such information being the “Bidder Information”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or information that Hometown Estates & Auctions LLC has reasonable grounds to suspect is untrue, inaccurate, not current, or incomplete, Hometown Estates & Auctions LLC reserves the right to suspend, or terminate your registration and any bids entailed or any other services entailed.
