****PLEASE VIEW THE INFORMATION WITHIN EACH INDIVIDUAL AUCTION FOR SPECIFIC AND COMPLETE TERMS AND CONDITIONS RELATED TO THAT AUCTION.
General Auction TERMS OF SALE
Set forth below are the general terms and conditions that shall apply to any purchase by any party either directly from South Auction (SA) or in a transaction in which South Auction serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to all transactions, including without limitation, public auctions conducted by SA and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all SA services and or websites you agree you have read and understand the Terms stated herein and are bound to these Terms. You may not use or access any and all SA services if you do not agree to the terms stated herein.
General Auction TERMS AND CONDITIONS
1. All items are sold on an "AS IS/WHERE IS" basis without warranties or representations whatsoever either expressed or implied. Neither SA nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact SA directly for detailed information regarding any lot.
2. Registration: Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. By registering you represent and warrant any and all buyer information is accurate and complete. It is solely the buyer’s responsibility to maintain current buyer information for completeness and accuracy. SA reserves the right to deny and or terminate registrations at any time at its sole discretion without notification. SA reserves the right to deny usage and access of services and websites at any time without notice or liability to any persons or third parties. SA reserves the right to suspend bidding privileges for any reason or no reason. SA can elect to do so before, during or after an auction with no notice to the bidder. During the registration process, all bidders will be asked to provide credit card information. ***All NEWLY REGISTERED BIDDER’S cards will be charged $1 (one dollar) in order to authorize their credit card upon registering for the auction.
3. Payments: After the auction is completed you will receive a phone call (real estate) or an email (personal property) with payment instructions. For most personal property auctions, your card on file will be charged for your purchases. Payment terms vary for each auction. SA must receive the full balance before the winning bidder may take possession of the property being sold. Invoices may be paid by cash, credit card, cashier's or certified check, wire transfer, or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to SA. SA reserves the right to charge the credit card on file for any outstanding balances not paid by the final payment date. SAR will impose a $20 handling fee for any adjustment of a purchase price for any reason. This includes, but is not limited to using tax exempt status without prior notification, or a change of payment method or payment source resulting in reversing charges to a credit card. IF SA HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS AFTER THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES SA TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
4. Taxes. SA will add the appropriate jurisdictional sales tax on all applicable personal property unless we are in possession of your tax exempt documentation prior to the end of the auction. NO EXCEPTIONS!!!
5. Buyer's Premium. SA, in its sole discretion, will impose a buyer's premium ("Buyer's Premium") on all items sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. Percentages vary by auction, but will generally be 10% for real estate and 15% for personal property.
8. After the buyer has taken possession of any item from SA, SA shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to SA before any item is removed from the premises where the auction is conducted.
9. SA shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.
10. SA, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. SA reserves the right to deny the usage and access by any person or third party of any and all SA services and websites without notification.
11. SA, in its sole discretion, shall control all bidding increments and advances at any auction. SA reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that SA believes was made illegally or in bad faith. In the event of a dispute among bidders, SA may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing.
12. All information provided by SA to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, SA shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.
13. If SA is selling or auctioning any Goods on behalf of a third party owner, SA shall act as an agent only and shall have no liability whatsoever for the acts of any owner/principal.
14. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction 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. No person shall have any claim against SAR, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
15. If the Buyer fails to comply with any of the Terms, SA shall have all rights and remedies available to it at law and in equity. SA may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by SA (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of SA rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
16. Buyers agree they will defend, indemnify and hold harmless SA, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities, judgments, fees and expenses incurred by SA, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of SA services and websites.