Registration: All bidders are required to register for a bidder's number to bid on items in our online auction. Registration is online, and bidders must provide the necessary registration information..The bidder also hereby acknowledges that he/she is of legal age and sound mind. By registering as well as bidding, you are agreeing that you have read and fully understand the complete "terms and conditions of auction", and any additional terms and conditions that are announced on the website, and agree to be bound thereby. All registered bidders take full responsibility for their bidder's number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs. No exceptions. The auctioneer reserves the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
As-Is, Where Is: Attend the preview. All items and lots are sold on an As-Is, Where-Is and With All Faults basis without exception. There is no warranty of any kind. Buyers understand that all lots and items are being offered as used and therefore have some level of wear and/or damage and are by the very nature of being "used and/or pre-owned and/or aged" are at some level of defective. Removal is at the buyer's sole obligation, risk and expense. No sale shall be be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore buyers do by these presents remise, release, acquit, quit claim and forever discharge the sellers, auctioneers, licensees, employees and agents from any and all claims now and in the future. The buyers hold the obligation and duty to inspect all items and lots during the inspection period prior to any bidding. Buyers are urged to physically inspect the items or lots during the inspection period. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the auctioneer. Buyer also agrees that any oral, written or electronic representation made by the auctioneer, seller, employees or agents shall not modify these terms. Buyer understands that any description given in the catalog or written on the lot is not guaranteed, and the buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by the auctioneer, seller, employees or agents for any errors or omissions. Every item sold by Fitzgerald Auction Services is sold As-Is, Where-Is. Fitzgerald Auction Servies provides condition information only as a courtesy to the bidders and is not responsible for errors in description or condition. Buyers have the opportunity to view the items in person and determine condition as well as any other factors relating to the description of the item and have the obligation to do so prior to bidding.
Shipping: Smaller items are available to be shipped. Please call or email to get approval before bidding on an item you would like shipped. Buyer agrees to pay all shipping and handling fees. There is a $5 handling fee for items that can fit in padded envelopes and a $10 handling fee for flat rate boxes. Larger items may require a higher handling fee. We are not responsible if items get damaged during shipping. Items are well packed, but we cannot guarentee items once they leave the building. Shipping is by UPS only. All items being shipped will be paid with a credit card and incur a 4% processing fee.
Personal Property & Risk: Persons attending during inspection and/or removal of items and lots, assumes all risk of damage of/or loss to person and property and specifically assumes all risks by reason of any defect in or condition of the premises on which the inspection and/or removal is held. Auctioneers, licensees, sellers, employees, and/or agents are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from inspection and/or removal. All persons in attendance during inspection and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the auctioneers, sellers, licensees, employees, agents, as well as federal state and local regulations. Buyer specifically releases auctioneer, licensees, sellers, employees, and agents from any and all liability thereof.
Inspection of Items: Every item in every auction is available for bidder inspection prior to the auction ending. Please see the auction details for preview location and availability. We strongly urge each bidder to attend the scheduled preview day to inspect items prior to bidding. By bidding, each bidder acknowledges and agrees that hey have had a full and fair opportunity to inspect the item or lots and is relying solely on the bidder's personal inspection, whether in person, through proxy, or based on the provided photographs and opinion in determining whether to bid, in determining the amount to bid and/or maximum bid, and in submitting the bid/max bid.
Reserves: All items in the online auction sell with reserve and subject to the auctioneer and/or sellers acceptance and/or rejection of the high bid, regardless of whether stated "with reserve" or not stated "with reserve".
Payment: All items will be paid in full with cash or check on the day of pickup. No exceptions. If you do not pick your items up, your credit card used for registration will be charged. All items not picked up will be held for 14 days and then forfeited. Credit card payments will incur a 4% processing fee.
Buyers Premium: Buyers premium is a percentage charge over and above the hammer price of an item. The buyers premium is subject to change for each auction. If the buyers premium is 10%, and you bid an item at $100, the purchase price is $110 excluding any taxes or other charges.
Sales Tax: Please be aware that at some auctions, we will be charging Pennsylvania and/or County tax based on type of auction and/or location of auction. All sales tax will be stated in the general auction information section. If you have a tax re-sale number or are not required to pay sales tax for any reason or use, you must provide at close of auction and before removal any signed form that may be required along with all pertinent information.
Posted Closing Times: Posted closing times and displays of the current time and/or time left are approximate. Auctioneer reserves the right to close early and/or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid loosing out due to an ill-timed, last minute bid or technical difficulty. All bids are based on the Eastern Standard Time Zone, unless stated otherwise.
Purchase Price Calculation: Note that the purchase price is the sum of the bid price, the buyers premium, any buyers fee, expenses, and sales tax if applicable, ect. All payments must be in US funds. Auctioneer reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid prior to pick up and/or removal, no exceptions.
Removal of Items: Please do not bid if you are unable to pick up your items during the scheduled removal times or unable to make arrangements for shipping. No refunds or credit card chargebacks will be granted due to a failure to remove items at the designated time. Buyer assumes all liability and risk for items once the auction ends. Items not picked up will be held for 14 days and then forfeited.
Forfeiture: If you do not wish to pick up or ship your items, you may forfeit them. In this regard, to forfeit your items is defined as relinquishing all ownership and claim to the items in question to the auctioneer with no expectations of reimbursement; however, you are still responsible for the invoice total. No refunds will be made if you decide to forfeit your items. If you wish to forfeit your items, please contact us on or before the removal deadline. Buyer agrees that any and/or all remaining lots left after removal deadline are considered to be forfeited, but buyer is still responsible for invoice total.
Bidding Errors: All bids are binding and final. Once a bid has been placed it cannot be deleted or removed. Please review your bids on the review page prior to submitting the bids. You do not need to use decimal points, example if you want to place a $23 bid then type 23 only. Outbid notifications are sent as a courtesy only and the auctioneer, seller, licensees, agents or employees are not responsible for errors, omissions and/or timing of outbid notices.
Staggered Closing: All lots are spaced to close 30 seconds apart. Please be aware that we are using an auto-extend/dynamic closing feature. This means that if there are any bids placed on a lot in the last few minutes of the auction, the auction will extend so that there is 2 minutes remaining in the auction. This will continue until no bids have been placed withing the last 2 minutes of the auction, at which time bidding will end on that item.
Duplicate Bids: If duplicate bids are placed, the preference will go to the earlier placed bid.
Notifications: Any and all notifications are sent as a courtesy only. It is the bidders responsibility to be aware of the auction, bidding, closing, ect. Invoices are send via email at the close of the auction. It is your responsibility to check your email, including spam folder for your invoice. Failure to receive an invoice does not excuse the bidder from the terms and conditions of payment and removal.
Disputes: In the event that you have a dispute with one or more users, you release auctioneer, seller, employees, licensees, and agents from claims, demands, and damages actual and consequential of every kind and nature, know and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more bidders, or as to the seller, or as to an item or lot, ect., the auctioneer, agent or employee at their sole discretion, may immediately settle the dispute in any way that the auctioneer, agent or employee in any way that the auctioneer, agent or employee feel is fair, prudent or acceptable to the seller. The actions and decision of the auctioneer, agent or employee shall be binding, final and absolute. Should a dispute arise after the auction, the auctioneers record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
Item/Lot Responsibility: Items and lots become the complete and sole responsibility of the buyer for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the buyer to insure their purchases immediately. The auctioneers, licensees, employees or agents assume no responsibility for any missing or damaged items/lots and are specifically not acting as the buyers security agent or police officer.
Auctioneer is Not the Seller: Auctioneer is the seller's agent, not the seller of the items/lots, and shall have no seller liability, whatsoever. Without limiting the generality of the foregoing, under and pursuant to Musser v. Vilsmeir Auction Company, Inc., 522 Pa. 367, 563 A.2d 279 (1989), the auctioneer is not liable to any buyer or to any third-party under a theory of products liability. The auctioneer is not responsible for any acts or omissions of the seller.
Reserves, All items are considered to be sold with reserve, and the reserves are subject to change at any time. If the reserve price has not been met during the auction, the buyer has no claim to the item or lot. The sale of some items or lots may be subject to court approval prior to title or claim passing. If an item is subject to court approval prior to title passing, this will be listed in the description for that lot or item. If an item or lot is subject to court approval of the sale, and the court rejects the sale, even if the reserve price has been met, the buyer understands that the buyer will have no claim or interest in the item or lot, and will not make any claim against any of the parties involved.
Forum Selection & Applicable Law: The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be in the County of Somerset or that chosen by the auctioneer/auction company and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
If payment is declined, the buyer will be responsible for all charges and expenses in collecting payment included but not limited to $50 NSF check charge, all attorney fees and court costs, as well as time for all persons involved at the rate of $150 per hour including travel time.
Indemnity Clause: Buyer agrees to indemnify hold harmless auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, know or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Buyers must insure their own liabilities, interests, ect. in all real estate and/or personal property. The buyer also agrees to indemnify and hold harmless auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, ect., pertaining to hazardous materials, substances, sites and/or conditions, know or unknown, and are strictly and solely the sellers ownership, responsibility and liability.
Limitation of Liabilities: Buyer agrees that the auctioneer, licensees, employees or agents, shall not be liable for any damage, loss, or expense of any king arising out of or resulting from buyers possession or use of the materials, content or information on the website or buyers purchase or sale of goods through this auction regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall auctioneer or any of its agents or employees be liable to the buyer for any direct, indirect, special, incidental, consequential, or punitive damages, including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus's, ect., arising out of or in any way related to materials, content, or information on this website or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether auctioneer or any agents or employees have been advised of the possibility of such damages.
