Conditions of Sale
All sales are final, and all properties are sold "As is, Where is." There are NO GUARANTEES and NO REFUNDS. The bidder is responsible for assessing the condition and usefulness of the items purchased. We strive to describe these items to provide a visual representation of the item you are bidding on. Our descriptions are based on the best of our knowledge and sometimes on information provided by the consignor. If you have questions or uncertainties about the condition or any aspect of an item in our auction, please feel free to call us at (936-333-2577).
IF YOU DO NOT PICK UP BY MAKING AN APPOINTMENT THOUGH the CALENDY LINK SENT TO YOU, or have not made alternate arrangements; (and have e-mail proof from Texas Auction Services) your item(s) are considered abandoned and become property of the Auction House and may be re-sold, donated or discarded.
Vehicle Buyers Premium
We charge a 5.12% Buyer's Premium (Capped at $1500) and are required to collect 8.25% Texas sales tax (Montgomery County) that will be added to all settlements/invoices.
Bidding
A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. At the close of each auction your "Stored Credit/Debit Card" in HiBid/Auction Flex Will be charged for the TOTAL AMOUNT DUE + Tax, Plus Any Shipping Charges if you are outside the state of TEXAS or 75+ miles from Willis, TX 77378 (You will be charged Shipping and a $5 Packaging Fee ) Failure to honor your bid WILL result in loss of bidding privileges for any and all Texas Auction Services and affiliates auctions.
Payment
Texas Auction Services. WE DO NOT ACCEPT CASH PAYMENTS.
**PLEASE BE AWARE THAT WE HAVE TRANSITIONED TO A 100% CASHLESS AUCTION. WE DO NOT ACCEPT CASH OR KEEP ANY CASH ON-HAND. ALL PAYMENTS MUST BE PAID ON-LINE THOUGH STORED CREDIT/DEBIT CARD.
If your Payment method is DECLINED you will be charged a $9.95 FEE. PLEASE MAKE SURE YOUR CARD IS UP TO DATE IN HIBid/AuctionFlex
Authenticity
Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition, authenticity, etc.
WE DO NOT OFFER REFUNDS.
Auction
The Auction house owners, employees and consignors reserve the right to bid on any items in auction. Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability, therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals.
Pickup Times
Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. All items must be picked up during the published times (SCHEDULED THRU CALENDY). If you cannot make pickup during the established times, DO NOT BID. Do not risk placing a bid hoping that we can store your items! We do not have the room or the resources to store your items. Again, if you cannot make pickup during the established times, DO NOT BID. If you do choose to bid and fail to pick up your items will become property of the auction house EVEN IF THE ITEM HAS BEEN PAID and will be resold or donated. Failure to abide by the pickup times WILL result in loss of bidding privileges from Texas Auction Services and Affiliates.
Governing Law
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Montgomery County, Texas courts.
Privacy Policy
Included in these terms and conditions is the privacy policy as outlined on the Texas Auction Services website.
Indemnification
Buyer shall indemnify Texas Auction Services against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify Texas Auction Services for any damages or losses. Buyer will not hold Texas Auction Services, its owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
Intellectual Property
By submitting any images to Texas Auction Services for the purpose of sale, marketing, or any use on our website, you grant Texas Auction Services non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise.
Trademarks
All trademarks, service marks, and copyrights owned by Texas Auction Services shall not be used without written permission. This includes the name Texas Auction Services, any and all website URL addresses and abbreviations of such.
AuctionFlex
AuctionFlex sets up each user on this website and collects all user information. Texas Auction Services does not have access to usernames and passwords. AuctionFlex does provide Texas Auction Services with username, contact information and credit card information provided during the registration processes. User information will not be sold to any third-party advertisers by Texas Auction Services.