Terms and Conditions
By registering for this auction you agree to the following terms and conditions. This is a legal binding contract between you, referred to as the "Bidder" and AdaBan Auctions, LLC referred to as the "Auction House".
Item Condition: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All Bidders are urged to physically inspect the item prior to bidding during the inspection period. No bids can be withdrawn once submitted before, during or after the auction for any reason. The BIDDER also agrees that any oral representation made by the Auction House, or its agents shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. The BIDDER understands that any description given, written on the equipment, or advertised by any other means is not guaranteed, and the BIDDER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by the Auction House for any errors or omissions.
Picking Up, After Pick Up Fees, and Storage Fees: The Bidder agrees to pick up the items on-time. The Bidder agrees to pick up all items listed on their invoice. If the Bidder, or representative/agent of the Bidder, cannot pick up the items during the pick-up date and times provided, PLEASE DO NOT BID on any items. If your items are not picked up and paid for by the times the auctions scheduled pick up has concluded, there will be a Storage Fee added to the Bidders invoice. The minimum fee for this is $20. This fee covers our time to move and store your items for up to 5 business days. If you choose not to pick up your items after 5 business days, they will be considered abandoned with no refunds given. In this case, there will be a minimum charge of $5 per lot ($25 for furniture) to dispose of or to relist those items. Any additional storage, if approved by The Auction House, will be assessed at a rate of $5 per day per lot. These charges will automatically be charged to the card on file at the end of each month. If the card on file is declined, and the Bidder does not take action by picking up their items and paying their invoice in full, AdaBan Auctions will take legal action at some point in the future and/or send the bill to collections. Once in collections, you waive your right to the items won at auction, and your bill must be handled through the collection department.
Loading Items: The Bidder agrees to bring help to load larger items. The Auction House DOES NOT provide help for loading large items into vehicles or trailers. The Auction Houses does not provide bags, paper, or other wrapping material when picking up lots the Bidder has won. The Bidder must remove the items safely. The Bidder agrees to pay all costs associated with damages that may happen when the bidder and/or their helpers are moving items. In the event the Bidder damages anything while removing the items, their credit card on file will be charged for all costs associated with fixing said damages. If a representative from the Auction House helps load or pack up an item, the Bidder does not hold the Auction House or their representative liability for any damage to the items or property of any kind.
If we are holding the auction at our warehouse, and you miss the pick-up window but still wish to pick up your items, arrangements and agreement bust be made between the Bidder and the Auction House. There will be a storage fee of $5 per lot per day. After 1 week from the time the pick-up windows, you forfeit the right to those items, and your credit card on file may be charged for the items and fees (including storage fees). We also reserve the right to enforce the rest of our terms and conditions and may ban the Bidder from bidding on future auctions.
Payment: You agree to pay your entire invoice in full. Payment will occur at the Auction Houses place of business at the time of pick up, so please have a credit card or cash at that time. Personal checks will NOT be accepted. If you are paying CASH, there will be a 3% reduction in the buyer's premium. For invoices more than $2000, the bidder will pay by cash. Failure to pay your entire invoice will result in the auction house taking legal action against the full invoice amount plus any other storage and/or removal fees and administration costs in the amount of 25% of total invoice.
Buyer's Premium: The Bidder understands that each item up for auction will have a buyer's premium of 15% added to the price of each item. When placing a bid please take the buyer's premium into account and bid accordingly. This means that if an item is sold at $100, the buyer's premium would be $15, and your total would be $115 (not including Michigan's 6% sales tax).
Sales Tax: Due to Michigan law, there will be a sales tax of 6% added to every lot won. If you have a sale tax license, we must receive the license before the auction has closed. Email it to adabanauctions@gmail.com. We cannot refund sales tax after we have taken payment, per Michigan State law.
Inspection/Preview Day: To view the items contact the Auction House at adabanauctions@gmail.com. We strongly recommended every person bidding on items to preview items prior to bidding. Previews will be made by appointment only, during normal business hours. Please note, the Auction Houses will not give refunds or returns to Bidders who bid and win items, but are unhappy with the condition of those items.
Info Changes: The Bidder agrees to let the Auction Houses know of there are any changes with their contact information or credit information as soon as the Bidder knows.
Text Messaging Services: The Auction House may send reminder texts to bidders about auction information to the phone number used to register with. You are responsible for all your carrier charges and data.
Bidding: You are bidding on what is described. There may be items in the background, but those are not included in the lot unless told otherwise. It is the Bidders sole responsibility to read the description of items and understand what they are bidding on as all bids are final. All Bidders must be at least 18 years of age or older.
Bidding Errors and Software Malfunctions: In the event you have made an error bidding, the Bidder must contact the Auction Houses immediately. Bidding errors cannot be fixed after the bidding has closed on those items. If you have made a bidding error on the last day of the auction, we may not be able to fix those issues as we may not see your request before the auction closes. In the event we cannot fix those issues on the last day of the auction, you will be responsible to pay your invoice amount. The Auction Houses will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable.
Staggered Closing and Soft Closing: The Auction Houses uses staggered closing which means that lots close within seconds of each other giving everyone a chance to view each item closing in real time. The Auction Houses also uses soft closing, which means that an auction item ends only after a specific time without any additional bids. This prevents against sniping and giving every bidder a fair chance at winning that item.
Bidder Notification: If the Bidder has won any items at the auction, the Auction House will notify them via email to let them know the items they have won and the amount they owe. This is the only contact the Bidder will receive from the Auction Houses. Please make sure you check your email after the auction has closed. In the event the Bidder won an item at the auction and do not receive this email contact the auction house at adabanauctions@gmail.com. Please check your spam file if you do not find it. At that time, the Bidder will also receive on this email a notification to sign up for a pick up time.
Third Party Liability: The Bidder will not hold the Auction House liable for any action done by a third party. This includes, but not limited to actions done by the fellow Bidders, Auction Houses clients, friends and family of the clients of the Auction Houses, or any person who commits a crime (I.E. breaking in an stealing or vandalizing auction lots) before, during, or after the auction has finished.
Auction House Liability: The bidders agree not to hold the Auction Houses responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Auction Houses asks the Bidder to watch their step inside the auction areas, as there may be some elevation changes or steps and/or inclement weather conditions. The Auction House also asks The Bidder to be careful when picking up heavy items so injury does not occur. The Bidder also will not hold the auction house liable for any damages or injury to self or items that results from the items won at auction.
Legal Recourse: In the event an issue arises between the Bidder and Auction Houses, the Bidder must take all disputes to mediation rather than litigation to resolve their dispute. The Bidder agrees to choose a venue located within Kalkaska County. The Bidder agrees that their dispute cannot be combined with any other person or party. The Bidder agrees to pay for all mediation costs regardless of the outcome. The Auction House reserves the right to use all legal means, including but not limited to, small claims court, to receive monetary damages resulting from actions of the Bidder.
Client Rights: The clients of the Auction Houses have the right to bid on and win any items they have put up for auction. The Clients agree to pay for all items and buyers premiums associated with any lots they have won.
Changes: These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you the Bidder and the Auction House has made in the past or present.
Contact Information: 1-947-229-8215; adabanauctions@gmail.com; www.adabanauctions.com
Credit Card Disputes: You agree to not conduct a credit dispute in the event the Auction House charges your card for a partial or full payment, and you do not pick up your items. In the event The Bidder disputes a charge on their credit card from The Auction House, The Bidder agrees to pay the Auction House $200 fee to cover the cost of the dispute and time associated with fighting it.
Shipping: Shipping available to US addresses only. If shipping is required, you must contact us once a LOT is won and your confirmation email receipt has been received and arrange for shipping. All shipping policies are below: Please allow up to 3 weeks from the time an auction has ended to the time it ships. We charge a minimum of $10 per lot in labor for shipping plus the actual cost of shipping and materials. We ship every package using the best and most economical carrier, using our discretion. We will not be able to quote prices for shipping ahead of time. PLEASE NOTE: In the event there is damage to your items, and you need to file an insurance claim you must report the damage to us within 24 hours of the time the package has been delivered. You must save all package material, and send us a detailed account of the damage and take photos. If the insurance is approved, you will get paid when we receive the money from the insurance company which can take up to a year. Insurance does not cover the handling or shipping costs. It will only cover the goods. AdaBan Auctions will not cover anything the insurance doesn't, and will not refund the difference.
Covid-19: The Bidder will hold the Auction House harmless for any illness and/or virus they may get while visiting the Auction House, seller's estate, attending any auction related event, or any event in relation to the auction (example: getting gas on the way to pick up items. In the event of a Covid exposure or positive testing, the Auction House may extend the auction or postpone pick up until its safe for pick u
The Bidder agrees to read all of the informational lots (typically the first few lots of every auction). These lots contain important info regarding the auction.
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