Auction Terms & Conditions
The following terms and conditions apply to all auctions conducted by Fleetwood Auction Center, it's employees, agents, and assigns (Auctioneer), and any participants, their employees, agents, and assigns (Bidder), in said auctions, unless otherwise stipulated by the Auctioneer within any additional terms and conditions specifically expressed in regard to any single auction.
By registering for, and participating in, this auction, Bidder acknowledges these terms and conditions, and consents to abide by them, as well as any other/additional terms and conditions expressed specifically elsewhere within any auction listing.
Terms and Conditions:
1. GENERAL AUCTION INFORMATION
a) ALL ITEMS on the auction sell subject to the Auction Companies acceptance or rejection of the high bid.
b) All items sold at auction conducted by Auctioneer are sold strictly on an "as-is where-is" basis (shipping, packing, and/or loading are not included).
c) Auctioneer and/or its consignor(s) reserve the right to add, delete, or alter any auction item prior to the opening of the auction.
d) Neither the Auctioneer, nor its consignor(s), will recognize, or be held liable for, any claims for theft, damage, or loss once an item has been awarded and Bidder payment has been received.
e) Auctioneer does not ship all items. Bidder is responsible for any/all shipping costs assessed by auctioneer, when available. All non-shipped items must be picked up from auction site by Bidder, or authorized Bidder representative, at designated date and time. See Auction Info for specific auction details.
f) Items not picked up by Bidder, or authorized Bidder representative, within stipulated time frame, regardless of payment, will be subject to a storage rate of ($10) per item, per day, and may be re-sold, at Auctioneer's sole discretion, to pay for storage costs.
a) All sales are final and no sale shall be invalidated. There are no returns or refunds, and, if accepted, credit payments cannot be reversed.
b) A fifteen percent (15%) Buyers Premium will be applied to all purchases.
c) All funds are to be paid in United States Dollars. Bidder is responsible for, and agrees to pay, all duties, custom, taxes, and any other fees associated with the purchase of any item.
d) Bidder agrees to pay for all items before removing any items from auction site.
a.) Accepted forms of payment include WIRE TRANSFER, CASH, CASHIER'S CHECK made payable to Fleetwood Auction Center ONLY. NO EXCEPTIONS. All bidding and invoicing will be in US Dollars ($); the above approved forms of payment must be made in US currency. ALL INVOICES MUST BE PAID WITHIN 2 BUSINESS DAYS OR THE DEPOSIT WILL BE FORFEITED TO AUCTIONEER (15%) Buyers Premium will be applied to ALL purchases.
b.) Bidders will be charged all applicable taxes unless SATISFACTORY PROOF OF EXEMPTION is provided. If satisfactory proof is not provided, Bidder will pay all applicable taxes. Proof must be provided PRIOR to removal of purchases. No taxes will be refunded once the purchases have left the site. Proof of exemption, subject to approval, includes VALID RESELLER'S PERMITS, STATE-ISSUED LETTERS OF EXEMPTION, BILLS OF LADING provided by shipper for OUT-OF-STATE SHIPMENTS only, and any other documents as governed by applicable local, state, and federal laws deemed acceptable at Fleetwood Auction Center's sole discretion. Taxes are calculated AFTER the buyer's premium.
c.) All invoices must be paid in full before merchandise will be released from the premises. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided within 7 days following the auction or as soon thereafter as such documents are available. Fleetwood Auction Center makes no warranties that such documents will be available. Any available titles shall not pass to Bidder until full payment is received.
4. ITEM DESCRIPTIONS
a) Neither the Auctioneer, nor its consignor(s), make any guarantees, warranties or representations, expressed or implied, with respect to the property being sold, except as to the warranty of title. All implied warranties of merchantability, and/or fitness for purpose, are specifically disclaimed by the Auctioneer and its consignor(s).
b) Specifically, neither the Auctioneer, nor its consignors, makes any representation or warranty of any kind, expressed or implied, with respect to any of the following characteristics of property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, culture, or source origin.
c) All information within any catalog, sale bill, auction listing, advertising, website, or elsewhere is offered to the Bidder as a statement of opinion only. It is not intended to contain statements of fact for which the Auctioneer or its consignor(s) may be held liable. This disclaimer of liability on the Auctioneer's part applies whether the information is included in any catalog, sale bill, or website, and extends any advertisements, announcements, or communications through our representatives, bills of sale, or elsewhere, and regardless of whether written or oral.
d) Neither the Auctioneer, nor its consignor(s), shall be responsible for the correctness or accuracy of descriptions or other information in any catalog or elsewhere. The Bidder assumes full responsibility to inspect and to evaluate the property to its, his, or her, complete satisfaction prior to any bid or purchase. The Bidder agrees to make an independent judgment about the property, the property's value, and/or property descriptions or any other information about the property, and to bid accordingly.
e) The Auctioneer may, without in any way diminishing any disclaimers of liability contained in these terms and conditions, and elsewhere, mention within the description of an item or lot, some significant damage, though this may or may not include all faults, imperfections, and/or restorations.
f) The Bidder agrees not to base a bid solely upon information provided by the Auctioneer, or its consignor(s).
5. ONLINE AUCTIONS
a) Auctioneer shall not be responsible for internet outages, service disruptions, data lag, or other failures of Bidder's bid placed via the internet. Auctioneer may or may not honor such adversely affected bid attempts, at Auctioneer's sole discretion.
b) Auctioneer reserves the right, at Auctioneer's sole discretion, to cancel and/or reopen the auction in the case of system failures.
c.) Staggered Closing: The online auction closes 1 to 10 lots every minute (see auction page). This feature works great with the auto-extend feature to closely emulate a 'live' auction. Dynamic Closing. The closing time of an asset is automatically extended an additional 1 to 4 minutes (see auction page), whenever a bid is placed within the last minutes of the asset's closing time.
d.) Increasing your own bid/Bidding Errors. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a typo you must immediately contact our office by email use the contact sheet on our website (we must have your request in writing). We will not reverse bids made within 24hours of the auction close time. No exceptions.
e.) Winning Bidder Notification: You will be contacted by email ONLY (you are responsible for checking your email)
a) Safety of operation of any electrical or otherwise powered devices or items sold is not warranted, or guaranteed, in any way. Auctioneer recommends that all electrical or otherwise powered items sold be checked, installed, and or operated by a licensed electrician or other appropriate technician.
b) Items sold could or could not meet current or any other safety standards. Certain items could subject the operator or installer to various hazards, including, but not limited to, non-polarized plugs, lack of grounding conductors, and/or guards missing, malfunctioning, or not acceptable by modern safety standards. Bidder assumes all responsibility to check with appropriate authorities having jurisdiction regarding any/all local codes regarding such devices. Bidder assumes any and all liability for any installation and/or operation of any item purchased.
c) Vintage items are sold with a primary use as collector's items, solely intended for display purposes only and, as such, are not recommended for any other practical use. Vintage items could, or could not, meet any safety standards, could be coated with lead paint, could contain lead, or could be made entirely of lead, and also could contain phthalates, or present choking hazards. Bidder agrees, in compliance with the Consumer Product Safety Improvement Act, to buy vintage items as collectibles for display purposes only, and with no intention of using them, selling them to be used, or of allowing them to be used otherwise. Bidder further agrees to assume all liability and responsibility, and to hold harmless the seller and/or the Auctioneer, in the event of injury, harm, or death to anyone as a result of improper use of any item purchased at auction. Bidders must be over 18 years of age.
d.) Bidder is solely responsible to provide any personnel; equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased and any and all risks associated with such removal including, without limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure proper water, gas and/or power disconnection, disassembly, removal and loading, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Bidder or Bidder's employees, agents and/or representatives during pick-up and removal.
e.) Bidder agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Bidder shall provide evidence that Bidder or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Fleetwood Auction Center, its agents or representatives will not be responsible for its containment, storage or removal.
f.) Persons in attendance during inspection or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and 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 Fleetwood Auction Center, and local, state and federal regulations. Fleetwood Auction Center, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held.
g.) Bidders, agree that they, and their guests, are attending the auction sale at the Bidder's own risk, exclusively, and agree to indemnify, save and hold harmless the Auctioneer, and its seller(s) and/or consignor(s), from any and all accidents and/or injuries they may receive while attending the auction sale and/or during pickup of auction items.
h.) All risk loss shall pass to Bidder at the time of payment. If Fleetwood Auction Center is unable to deliver an article sold to Bidder due to fire, theft, or any other reasons whatsoever, Fleetwood Auction Center shall reimburse Bidder for all monies paid to Fleetwood Auction Center in respect to the article and Fleetwood Auction Center shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits.
i.) In no event shall Fleetwood Auction Center's liability to Bidder exceed the purchase price actually paid. Bidder's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Bidder to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. Fleetwood Auction Center is acting as an agent only and is not responsible for the acts of its principles.
j.) Bidder agrees to indemnify, defend and hold harmless Fleetwood Auction Center and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys' fees) asserted against, resulting to or imposed upon Fleetwood Auction Center resulting from the negligence of Bidder or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
k.) Bidder's number is nontransferable. All bids made by the holder of the number will be Bidder's responsibility. A successful bid online constitutes a legally binding contract of sale. Fleetwood Auction Center reserves the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME.
l.) This sales transaction shall be governed by and construed in accordance with the local laws of the State of California, USA. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by Fleetwood Auction Center constitute all the terms and conditions with respect to the sale of articles at this online auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
m.) All Bidders acknowledge and accept by their registration the Terms & Conditions of Sale printed as listed herein.
7. PARTIAL PAYMENT/ NON-PAYMENT
a) Any Bidder who does not pay in full upon presentment of an auction invoice is subject, at the discretion of Auctioneer or its consignor(s), to being barred from any future participation in auctions conducted by Auctioneer.
b) Auctioneer reserves the right to void an invoice if payment in full is not received within specified time limits. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from its obligation to pay the Auctioneer's fees (seller's and buyer's premium) due on the lot(s), and/or any other damages pertaining to the lot(s).
c) In the event that Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable State of California law.
d) If any auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate allowed by law from the date of invoice until paid. Any invoices not paid when due will be subject to a three percent (3%) late fee on the invoice amount, or three percent (3%) of any installment that is past due, should payment be accepted on a past-due invoice.
e) If Auctioneer refers any invoice to an attorney for collection, the Bidder agrees to pay all attorney fees, court costs, and/or any other collection costs incurred by Auctioneer. If Auctioneer assigns collection to in-house legal staff, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
f) In the event a successful Bidder fails to pay any amount due, Auctioneer, at its sole discretion, reserves the right to sell the lot(s) securing the invoice to any under-bidders in the auction in which the lot(s) appeared, or in subsequent private or public sale, or to re-list the lots in a future auction conducted by Auctioneer. The defaulting Bidder agrees to pay for the reasonable costs of resale (including a 25% seller's commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is further liable to pay any difference between his/her/its total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s), if sold at private sale, or the subsequent hammer price of the lot(s), less the 25% seller's commission, if sold at an Auctioneer's auction.
g) Auctioneer shall have a lien against the merchandise purchased by the Bidder to secure payment of the auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the Bidder then held by the Auctioneer or its affiliates, to secure payment of any auction invoice or any other amounts due the Auctioneer or its affiliates from the Bidder.
h) With respect to payment of auction invoices, the Bidder waives any and all rights of offset he/she/it might otherwise have against the Auctioneer and/or the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due the Bidder, and it may secure, by possessory lien, any unpaid amount by any of the Bidders property then held in the Auctioneer or its affiliates' possession.
a) Auctioneer shall designate the winning bidder after each item is auctioned. Should any dispute arise between two (2) or more Bidders, regarding any matter, Auctioneer reserves the right, and the Bidders grant Auctioneer the right (solely at Auctioneer's discretion), to re-open bidding on the item in question, and/or to resolve any/all questions through the identification, or designation, of the winning bidder and/or the amount of the winning bid.
b) Auctioneer and Bidder hereby agree to submit any dispute between Auctioneer and Bidder, arising out of, or relating to, this agreement, to an arbitration panel of three (3) neutral persons selected by Auctioneer. If Bidder disapproves of the panel, Bidder shall, within ten (10) days after receiving notice of selection of the panel, initiate arbitration before the American Arbitration Association (AAA), using its rules for commercial arbitrations, with the exception that all AAA fees shall be paid by Bidder.
c) If Bidder fails to timely initiate arbitration through AAA, or to pay AAA fees and costs, Auctioneer may resume arbitration through a neutral arbitration panel selected by Auctioneer.
d) The decision of arbitration will be final and binding on all parties.
9. LEGAL ACTIONS
a) Notwithstanding anything contained in this agreement to the contrary, Auctioneer hereby reserves the right to seek any action against Bidder in a court of competent jurisdiction
b) Any action or suit of any kind relating to this agreement must be commenced within one (1) year from the date when the cause of action or claim accrued, or it shall be forever barred. The right of action or suit shall accrue, and the one-year limitation shall begin to run, at the date upon which the breach, damage, or injury is sustained, and not when the resulting cost, damage, harm, or loss is discovered.
c) Auctioneer shall not under any circumstances be liable to Bidder for any consequential damages to Bidder, and Bidder shall not hold Auctioneer liable for failure of any successful Bidder to complete transaction.
d) Bidder agrees to be responsible for any and all attorney's fees and/or collection fees incurred by seller or Auctioneer as a result of any disputes or actions brought on by Bidder with regard to any auction or auction item.
10. GOVERNING LAW & JURY WAIVER
a) This agreement shall be governed by, and construed in accordance with, the laws of the State of California, and any action or proceeding arising hereunder shall be brought in the courts of the State of California.
b) If any such action or proceeding arises under the Constitution, laws, or treaties of the United States of America, or if there is a diversity of citizenship between the parties hereto, so that suit may be brought in a United States District Court, it shall be brought to the United States District Court in Riverside, California.
c) The invalidation of one or more terms of this agreement shall not affect the validity of the remaining terms.
Except as expressly provided to the contrary herein, each section, part, term and/or provision of this agreement shall be considered severable; and if, for any reason any section, part, term or provision herein is determined to be invalid, unenforceable or contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the future operation of, or have any other effect upon, such other sections, parts, terms and provisions of this agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the parties hereto; and said invalid or unenforceable sections, parts, terms or provisions shall be deemed to be replaced with a provision that is valid and enforceable and most merely reflects the original intent of the invalid or unenforceable provision.