ONLINE ONLY - Real Estate Auction and Personal Property, Albany County, NY
Watervliet, NY Home with Large Warehouse/Garage plus Additional Two Car Garage on Large Lot PLUS Assorted Garage Equipment & Tools! In Cooperation with UncleSamAuctions.com
Begins: Monday, Apr 15, 2024, 9:00AM EST
Location: 621 Broadway, Watervliet, NY 12189.
Preview: Tuesday, May 7th, 2024 9:00 AM - 11:00 AM.
Begins Closing: Thursday, May 9th, 2024 at 11:00 AM.
Removal of Personal Property: Monday, May 13th, 9:00 AM - 1:00 PM.
NO OTHER PICKUP DATES AVAILABLE, PLEASE DO NOT ASK. IF YOU CANNOT ATTEND THE SCHEDULED REMOVAL, PLEASE ARRANGE FOR SOMEONE TO PICKUP YOUR ITEMS AS SCHEDULED.
Auction Lots Will Be Available for Online Viewing on April 15, 2024.
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Download Collar City Auctions, Inc. Standard Operating Procedure | Download NYS Lead Based Paint Booklet | Download NYS Lead Based Paint Disclosure | Download NYS Agency Relationship Disclosure | Download NYS Anti-Discrimination Disclosure | Download NYS Agricultural District Disclosure | Download TP-584 Corporate Disclosure | Download NYS Fair Housing Guide | Download NYS Fair Housing Notice
Download Collar City Auctions, Inc. Standard Operating Procedure | Download NYS Lead Based Paint Booklet | Download NYS Lead Based Paint Disclosure | Download NYS Agency Relationship Disclosure | Download NYS Anti-Discrimination Disclosure | Download NYS Agricultural District Disclosure | Download TP-584 Corporate Disclosure | Download NYS Fair Housing Guide | Download NYS Fair Housing Notice
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Download Collar City Auctions, Inc. Standard Operating Procedure | Download NYS Lead Based Paint Booklet | Download NYS Lead Based Paint Disclosure | Download NYS Agency Relationship Disclosure | Download NYS Anti-Discrimination Disclosure | Download NYS Agricultural District Disclosure | Download TP-584 Corporate Disclosure | Download NYS Fair Housing Guide | Download NYS Fair Housing Notice
Terms And Conditions
Real Estate Payments and Partial Terms:
Real property is subject to Seller acceptance or rejection within approximately 24 hours post auction closing. Seller reserves the right to accept the high bid even if the reserve is not met. THE HIGH BIDDER SHALL BE BOUND TO PERFORM IF THE BID IS ACCEPTED BELOW THE RESERVE PRICE. Upon bid acceptance by the Seller of real property a $5,000.00 down payment, 12% buyer's premium (12% add on to bid price) and a flat $750.00 administrative fee is required in cash/certified bank check made payable to Collar City Auctions, Inc. Escrow and must be paid no later than 4:00 PM within 72 hours of bid acceptance by Seller. Time Being of Essence. All single or combined payments exceeding $5,000.00 must be paid via cash, official bank check, or wire transfer only. Payments are due by appointment at our office located at 9423 Western Tpke., Delanson, NY 12053. Please call 518-895-8150 Monday through Friday 9:00 am to 4:00 pm to schedule. Property is sold AS IS, including all contents contained within the building on the day of inspection, without contingencies of any kind with the exception that purchaser is guaranteed free and clear title. The business name is not included in the sale. No bids may be withdrawn or canceled once placed. ALL BIDS ARE PLACED AT MAX BID, THIS MEANS YOUR MAXIMUM BID PLACED WILL BE IMMEDIATELY ACCEPTED AND POSTED.
You will receive a telephone call and/or e-mail confirmation within approximately 24 hours of acceptance of bid by the Seller. It is your responsibility to contact our office if you do not receive notice.
Bidder Certification, Contract Terms and Conditions
Online auction sales conducted, hosted or otherwise administered by Collar City Auctions, Inc. or its designee, either through the auction company’s website www.collarcityauctions.com or www.collarcityauctionsonline.com or any other website designated by the auction company for the purpose of conducting an online auction agrees to the following:
Take Notice:
I, the bidder, as purchaser unconditionally and expressly grant permission to the auction company or its representatives as follows: Bidders that do not pay their invoice will automatically have their credit card charged the full amount due, plus a 15% administrative fee. Not as a penalty, but as liquidated damages to the seller and auction company. By becoming a member of our site, registering to bid within an auction and and clicking below/electronically signing the Bidder Certification, Contract Terms and Conditions, you expressly and unconditionally agree and acknowledge to be fully bound to all terms you have read and if necessary have had the opportunity to review with counsel prior to placing any bids.
I further acknowledge, at the sole discretion of the auction company, my account may be suspended or revoked. Site registration and bidding is a privilege and my name and/or business name and locality may be posted on the auction company's website as a Prohibited bidder. By agreeing to our terms of use, registering to become a member of website and registering to participate in any auction, you acknowledge and grant irrevocable permission to the auction company to post my name as registered if I do not pay for all item(s) bid on and purchased.
I understand that by completing any and/or all registration forms, I am able to clearly read, write, speak and understand the English language and agree to be bound by the terms and conditions contained herein as well as any additional auction terms.
I agree that by clicking "I accept These Terms.' I am electronically signing this document.
Thank you. We appreciate your participation.
Personal Property BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS
ONLINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY COLLAR CITY AUCTIONS, INC., OR DESIGNEE. (AUCTION COMPANY OR AUCTION COMPANY) EITHER THROUGH AUCTION COMPANYS WEBSITE WWW.COLLARCITYAUCTIONS.COM or WWW.COLLARCITYAUCTIONSONLINE.COM OR ANY OTHER WEBSITE DESIGNATED BY AUCTION COMPANY FOR THE PURPOSE OF CONDUCTING AN ONLINE AUCTION.
NOTICE: Effective Immediately and due to increased fraud: We will only accept credit card payments if the line item of your invoice "Balance Due," is below $5,000.00. All invoices with a "Balance Due," exceeding $5,000.00 must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (We do not accept money orders)
1. NOTICE: I, THE BIDDER AS PURCHASER UNCONDITIONALLY AND EXPRESSLY GRANT PERMISSION TO THE AUCTION COMPANY OR ITS REPRESENTATIVE(S) AS FOLLOWS: BIDDERS WHO DO NOT PAY WILL AUTOMATICALLY HAVE YOUR CREDIT CARD CHARGED WITH THE FULL AMOUNT DUE, PLUS A 15% ADMINISTRATIVE FEE, NOT AS A PENALTY, BUT AS LIQUIDATED DAMAGES TO THE AUCTION COMPANY. BY BECOMING A MEMBER OF OUR SITE, REGISTERING TO BID WITHIN ANY AUCTION AND CLICKING BELOW/ELECTRONICALLY SIGNING THE BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS, YOU EXPRESSLY AND UNCONDITIONALLY AGREE AND ACKNOWLEDGE TO BE FULLY BOUND TO ALL TERMS HEREIN THAT YOU HAVE READ AND IF NECESSARY HAVE HAD THE OPPORTUNITY TO REVIEW WITH COUNSEL PRIOR TO PLACING ANY BIDS. I further acknowledge that, at the sole discretion of the auction company, my account may be suspended or revoked as site registration and bidding is a privilege and MY NAME AND/OR BUSINESS NAME AND LOCALITY may be posted on the Auction Companies "Prohibited Bidder List" via our website(s). By agreeing to our terms of use, registering to become a member of our site, registering to participate in any auction, you acknowledge and grant irrevocable permission to the Auction Company to post my name as registered if I do not pay for all item(s) bid on and purchased.
2. Purchaser unconditionally agrees that any items not retrieved during scheduled removal shall be considered immediately abandoned without recourse and no refunds or credits shall be issued. We encourage all bidders and buyers to make arrangements prior to the auction closing as the removal dates are posted well in advance.
3. YOU WILL RECEIVE AN INVOICE VIA EMAIL WITHIN APPROXIMATELY 24 HOURS AFTER THE AUCTION IS COMPLETED. YOU MUST LOG IN TO YOUR MEMBER AREA TO PAY VIA CREDIT CARD. (NO AMERICAN EXPRESS OR PREPAID CARDS ARE PERMITED)
4. REMOVAL: See individual lot description for shipping details. Language is also provided hereto, but lot description shall take precedence. All Shipping and packaging, if any, shall be provided (INDEPENDENTLY) by The UPS Store, locally owned and operated by Rachael Franklin at an additional cost to the purchaser and independently from the auction company. All items will be shipped with insurance at the buyer’s expense. You must call 518-843-0550 to arrange shipping of your items once full payment has been received by the Auction Company. Local purchasers may pick purchases up as noted in Lot Description.
5. FULL PAYMENT MUST BE RECEIVED AS LISTED BY THE AUCTION COMPANY and Auction Company Invoicing Post Auction. It is the Buyers responsibility to contact the Auction Company if they do not receive an invoice via email within 24-hours after auction closes. Failure of buyer to supply a correct email address or claim of no invoice is not grounds to cancel bid or obligations to perform.
6. A Buyers Premium Scale PER ITEM will be assessed based on the following, which will be added to the high bid price. (This is in addition to your bid price).
$0 - $50,000 = 22% BP
$50,001-$75,000 = 21% BP
$75,001-$99,999 = 20% BP
$100,000 and Up = 19% BP
Buyers that do not pay on time shall be assessed a 15% late fee in addition to the initial total amount due.
Please be sure to read additional Auction Terms thoroughly.
Notice: Please read these terms and conditions thoroughly prior to registration. By checking the boxes and clicking 'submit registration' button all bidders and other persons participating in Auction Company’s online auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.
7. Identification: All purchasers are required to give full name (First and Last), company name, address, phone number, fax number, cell phone or secondary contact number, VALID email address, VALID credit or debit card information and VALID banking information when required. Your credit card will be charged $2.00 hold and release to verify the card is valid before being approved to bid, which will be immediately refunded. This is done only to verify the card is valid and must match the billing address of the card used.
8. Anyone under the age of 21, or who for whatever reason is unable to enter into legally binding contracts, are prohibited from using our online auction or participating in any online auctions hosted by Auction Company.
9. Read these terms of sale carefully. By participating in the auction, you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the Seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify the Seller and Auction Company.
10. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES: a. All deposits, bidding and invoicing will be in U.S. dollars ($) only.
b. When required by Auction Company, all bidders will be required to tender a deposit or credit card authorization in order to register to bid. No bidders will be registered without tendering said deposit or credit card authorization. The amount of deposit will be set by Auction Company on a case-by-case basis and will be posted on Auction Company’s website and/or shown herein. Deposits may be made by cash, certified funds, wire transfer, or credit/debit card (with sufficient available credit) only. Auction Company will post the requirements for each auction and/or each item or parcel on Auction Company’s website and/or herein. Personal checks and company checks will not be accepted. If Bidder elects to pay the down payment by wire transfer, a nonrefundable wire transfer reimbursement fee of $35.00 is required if Bidder resides in the United States, or $65.00 if Bidder resides outside the United States. This nonrefundable fee is to defray Auction Company’s costs and expenses of processing the wire transfer payments. In no event shall any wire transfer fees be reimbursed.
c. Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller, and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, and any other fees or applicable taxes, whether the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property. No Bid may be withdrawn for any reason.
d. Winning bidders who fail to pay for their bids (FOR WHATEVER REASON) will be assessed a penalty fee equal to 15% of the total outstanding invoice(s). This fee or monies available on any credit card will be charged to any registrant, agent or other person or entity that registered/bid with the Auction Company. If applicable, forfeit any monies already on deposit. At the sole discretion of the Auction Company, the bidder’s membership and or bidding privileges may be suspended or revoked from participation in current or future auctions. By using this on-line auction service and electronically signing herein, you unconditionally agree that any dispute concerning the auction, payments and payment methods, removal of purchased merchandise, any bid, use of the online auction service, or goods or property purchased through this on-line auction shall be governed by the TERMS & CONDITIONS AS SETFORTH HEREIN AND ADDITIONAL TERMS CONTAINED IN LOT DESCRIPTION and without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of New York, and that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any such claim, dispute or legal action shall be the New York State Supreme Court, County of Schenectady or at the option of Auction Company, in any court of competent jurisdiction or any courts located in the county in which the Auction Company is located. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or proceeding arising out of or relating to this agreement in any other court. If bidder commences a claim or legal action in any jurisdiction or before any tribunal other than New York State Supreme Court, Schenectady County you hereby expressly agree to be liable for all attorney’s fees, court costs, disbursements and the like incurred by Auction Company or Seller in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, additional fees or administrative fees, or any portion thereof, then you shall be liable for all attorney’s fees, court costs, time and disbursements incurred by Auction Company or the Seller in attempting to collect the amounts due and shall be billed at $395.00 per man hour. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute, or legal action between the parties to this agreement shall not be recoverable by one party against the other. The bidder or buyer unconditionally agrees, authorizes, and grants sole authorization to Auction Company or their agents to reserve all rights to commence an action against the bidder(s) or buyer(s) in a court of their choice and all other applicable terms shall be binding and enforceable.
e. All sales are final. Once your bid is accepted as the high bid, no refunds, exchanges, or credits will be issued for any reason whatsoever. Your lack of a thorough inspection or lack of announced or posted description revisions are not the problem of the Auction Company or Seller.
f. Any bidders having submitted a deposit with Auction Company, but not winning any bid in the auction, will be entitled to a full refund (less any non-refundable fees or wire transfer fees if applicable). Auction Company will use its best efforts to make such refunds to non-winning bidders as soon as possible post auction. Upon return of the deposit, this agreement shall automatically terminate, and Bidder and Auction Company shall be deemed to have released each other from all obligations hereunder as if this agreement was never executed, and Bidder shall not have nor make any claims to the Property or against Auction Company or any Sellers having participated in the auction.
g. Anyone outside of the continental United States will be required to supply Auction Company with complete Name, Company Name, Mailing Address, Country of Origin and may be required, at discretion of the Auction Company, to submit a deposit prior to auction ending.
h. Sales tax: Tax exempt purchaser's: MUST complete a New York State ST-120 or ST-125 Form available on the online auction and return to our office via fax: 518-895-8152 or email: reception@collarcityauctions.com PRIOR TO THE AUCTION ENDING or be subject to applicable sales taxes. We will not make any exceptions. Send the form as required or pay the sales tax. Please do not send them AFTER AUCTION CLOSES and expect us to revise our completed records because you did not read this when registering, during bidding, in the lot description and now. However, we will be happy to revise your invoice after the deadline for a $75.00 fee and will make revision once the revision fee has been received in full.
i. Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the Auction Company, the sale may be voided with the seller and Auction Company reserving all rights to pursue collection of any deficiency or loss.
j. Additional terms and conditions: The Auction Company may add or revise terms and conditions of sale, such additional terms and conditions that will be posted on the Auction Company’s website.
k. Indemnification: Purchaser agrees to indemnify and hold Auction Company, its principals, agents, staff and the seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with Federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
l. Claims: No claims will be allowed once bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive responsibility of the "bidder as purchaser" and relieves Auction Company and Seller, its principals, and agents of any and all liabilities that may arise from damage, theft or loss prior to removal of goods from premises.
m. Responsibility for non-delivery: Auction Company shall not, in any event, be liable for non-delivery of any matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to remove items: In default of payment of bills in full within the time therein specified, the Auction Company in addition to all other remedies allowed by law may retain all monies received as deposit or payment or otherwise, not as a penalty, but as liquidated damages. Lots not paid for and removed within the time allowed may be resold at public or private sale or disposed of without further notice, and any deficiency, together with all expenses and charges of re-sale, collection, and associated expenses, including, but not limited to attorney’s fees will be charged to the defaulting purchaser. Bidder as purchaser unconditionally authorizes Auction Company to charge all fees to Credit/Debit Card on file without recourse and agrees to unconditionally and forever forgo all rights to dispute or reject any charge backs.
o. Risk to person and property: Persons attending during exhibition, inspection or removal of goods assume all risks of damage or loss to person and property and specifically release the Auction Company and the Seller, its principals, and agents from liability herefore. Neither the Auction Company nor its principal nor agents shall be liable by reason of any defect in or condition of the items on which the sale is based.
p. Addition to or withdrawal from sale: The Auction Company and Seller reserve the right to withdraw or add from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the Auction Company reserves the right to sell all the property listed, in bulk, and place bids on behalf of the seller or themselves.
q. Dispute between bidders: If any dispute arises between two or more bidders, the Auction Company may decide the same or put the lot up for sale again and resell to the highest bidder. The Auction Company’s decision shall be final and absolute. r. Reserve: The Auction Company reserves the right to reject any and all bids. On lots upon which there may be a reserve, the Auction Company shall have the right to bid on behalf of the Seller.
s. Records: The record of sale kept by the Auction Company and any bookkeeper will be taken as final in the event of any dispute.
t. Agency: The Auction Company is acting as agent between the seller/consignor and bidder as purchaser, only and is not responsible for the acts of their or its principals, acts of the seller, seller's agents. Buyer unconditionally acknowledges that the purchase transaction is taking place solely between the seller and the purchaser and the Auction Company, its principals and agents are strictly acting in the capacity of the Sellers agent.
u. Conduct of Strictly Online Auction: Auction Company uses dynamic ending times for all online auctions. Online auction ending times will be extended by two-minute intervals if bids are placed during the last minutes of the scheduled auction ending time. Such an extension of the ending time of the auction will continue, in two-minute intervals, as long as active bidding continues. Once there are 120 seconds or so without any bidding, no further extensions will be given, and the auction will end. This does not apply to Live Simulcast Auctions.
v. Vehicle Transfer Documents: Bidder as Purchaser agrees to accept the paperwork as advertised and provided to Auction Company by Seller. It is the bidder’s responsibility to verify marketability of title and or liens and encumbrances prior to submitting a bid. Please contact Auction Company with any questions prior to bidding.
w. Limitations of Liability: For any reason whatsoever, an item purchased cannot be delivered, the buyer waives liability on the part of Auction Company and further agrees that any obligation of said item is limited to the bid and paid for price of item. Persons attending the auction preview, sale, or removal assume all risks of damage of or loss to person and property and specifically release and indemnify Auction Company and Seller from liability.
Auction Company and/or seller shall not be liable by reason of any defect in or condition of the premises in which the sale is held.
x. Vehicles: Auction Company is not responsible for any penalties on past-due registrations, over the road taxes or smog compliance certificates. It is the bidder’s sole responsibility to check all vehicles for plates/tags, smog devices, and/or any defects prior to bidding.
11. CREDIT CARD AGREEMENT: NOTICE: Effective Immediately and due to increased fraud: We will only accept credit card payments up to the amount of $5,000. All balances above this amount must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (We do not accept money orders)
By completing the registration, participating, registering and submitting any bid, the Bidder as Purchaser expressly and unconditionally agrees that once Bidder is acknowledged by Collar City Auctions in its sole discretion as the high bidder in any auction, all auction purchases by Bidder shall be subject to the following credit card terms and conditions:
a. I unconditionally agree, authorize, and grant permission to the Auction Company to charge my credit card for any payments due, including, but not limited to any accessed penalties, even in the event I dispute any of my purchases or fees due. I also agree that the Auction Company’s determination of winning bidders shall govern this transaction without recourse. Storage charges shall accrue from date of auction at $85.00 per day for vehicles and $45.00 per day per item for tangible purchases not removed within specified removal terms.
b. All sales are final without recourse of any kind now or in the future.
c. All items are sold by the Auction Company and purchased by Bidder as Purchaser in As Is and Where Is condition at time of auction closing with absolutely no warranty or guarantee of any kind.
d. No Refunds.
e. No Credits.
f. No Adjustments.
g. No Charge Backs.
h. I hereby unconditionally authorize all charges made by the Auction Company to the credit or debit card provided for any item or items I bid on and am determined by the Auction Company, in its sole discretion, to be the high bidder now or at any time in the future and I hereby unconditionally agree not to dispute or attempt to disclaim any such charges whether part or full made by Auction Company pursuant to this Credit Card Agreement.
i. I acknowledge and understand that charges on my Credit or Debit Card Statement made pursuant to this Credit Card Agreement may contain the name Collar City Auctions on it.
j. I agree and acknowledge that I, the undersigned Bidder, have read and understand this Credit Card Agreement and that I understand, write, speak, and read the English Language. I further authorize Collar City Auctions to charge the credit or debit card provided for any and all charges permitted under this Credit Card Agreement, the Bidder Certification - Terms and Conditions of Auction Sale, and any other forms or agreements between myself as Bidder and the Auction Company.
k. See Terms and Conditions of Auction Sale for additional terms and conditions. I hereby acknowledge my receipt and understanding of the Terms and Conditions of Auction Sale.
12. The undersigned Bidder expressly agrees to be fully and unconditionally bound by the terms herein, as well as all terms and conditions contained in Terms and Conditions of Auction Sale, the bidder contract, and all other auction terms as may be applicable. I also unconditionally agree to be responsible for ALL COLLECTION COSTS ASSOCIATED WITH MY DEFAULT OF ANY TERMS OF THIS TRANSACTION, INCLUDING ALL ATTORNEY, AND COLLECTION AND COURT FEES.
13. TERMS OF SALE - NON-REAL ESTATE ITEMS (EXCLUDING FIREARMS):
a. Payment in full for all winning bids on non-real estate items must be made not later than as specified in the Lot Description or auction details. Time is of the essence. All payments shall be by cash, credit or debit card, wire transfer.
All bidding, invoicing, and payments will be in U.S. dollars ($) only. Full payment is due prior to the completion of the stated removal date and closing time. Acceptable payment methods: Cash, Wire Transfer, M/C, Visa, Discover, Debit Card. (NO AMEX, PREPAID CARDS AND MONEY ORDERS ACCEPTED)
b. All purchases, excluding firearms, must be removed not later than the advertised stated date and removal period, unless shipped or added to a pistol permit. No lot can be removed unless full payment has been received by Auction Company and a PAID receipt issued. Removal shall be at the sole expense, risk, and liability of the purchaser. Purchases may be removed only on presentation of PAID receipt and any required paperwork. Auction Company shall not be responsible for goods not removed within the time allowed but shall have the option at its sole discretion to remove and/or store said goods and the costs associated therewith shall be charged to the winning bidder. Auction Company not responsible for rigging, packaging, damages, assistance with loading, or shipping of any purchased items. Bidder as purchaser clearly acknowledges that the auction company and the seller will not provide, tools, loading assistance or rigging of any kind and the bidder as purchaser assumes all responsibility and agrees to bring adequate assistance for removal of all purchases.
c. Conditions of articles sold: The Auction Company and Seller shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles.
All articles are available for inspection, unless noted in the lot description or auction details prior to the auction as noted and are sold AS IS and without recourse.
Articles are not warranted as to merchantability or fitness for any particular purpose, and no claim may be made by the purchaser relating to the condition or use of articles purchased, or for proximate or consequential damages arising there from.
d. Safety devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise.
It is purchasers’ responsibility that articles purchased are so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
e. Sale by estimated weight, count, or measure: Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure as announced when sold.
14. TERMS OF SALE - FIREARMS (When Applicable)
a. Payment in full for all winning bids on firearms must be made no later than the scheduled stated date and time post auction. Time is of the essence. All payments shall be by cash, wire transfer, or certified funds payable to Collar City Auctions. All bidding, invoicing, and payments will be in U.S. dollars ($) only.
b. All firearms sales are subject to all applicable laws, rules, and regulations, including the requirements of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms dealers participating in any online auction service of Auction Company must be Federal Firearms Licensees (FFL) and file proof of valid licensure with Auction Company via email at reception@collarcityauctions.com or via facsimile 518-895-8152 prior to bidding. Pursuant to the Brady Handgun Violence Prevention Act of 1993, all winning bidders of firearms will be subject to the Federal Bureau of Investigations National Instant Background Check System (NICS) approval at the time of purchase. Do not bid if you will not pass the NICS check. If you fail the NICS check, you will be disqualified as a bidder on any firearms and your bid will automatically be rejected. In such a case, the firearm may be sold to the next highest bidder, to a third-party, or returned to the seller, at the sole discretion of the Auction Company. No refunds of any kind will be given for failure to pass the NICS check. Firearms may be shipped to an FFL of your choice after full payment, including shipping and handling charges have been received by the Auction Company. Otherwise, the bidder, as purchaser shall pick up firearms at the office of the Auction Company provided the purchaser is a New York State Resident. New York Residents must have a valid New York State Pistol Permit to Bid on Handguns. All New York State bidders and buyers must have a NYS Pistol Permit with the proper semiautomatic endorsement.
15. TERMS OF SALE - REAL ESTATE: (When Applicable) a. Anyone outside of the continental United States bidding on real estate must submit a minimum deposit of $10,000 (US Funds Only) which will allow them to bid.
Deposits must be delivered to the Auction Company via wire transfer no later than 48 hours before the auction sale.
b. All prospective bidders are strongly urged to perform their own independent due diligence for each Lot of real or personal property they are considering bidding on and to engage counsel of their own choosing and to obtain and examine a title report regarding all real property bidder intends to bid on during the on-line auction. Seller and Auction Company make no warranties or representations, expressed or implied, written, or oral, with respect to the state of title of any of the real properties.
c. If you are determined by the Auction Company to be the winning bidder on a property, your specified deposit will be immediately applied and credited to the down payment. In addition, an additional mandatory buyer’s premium (add-on to bid price) and other fees in cash, certified bank check payable to Collar City Auctions. Balance of buyer’s premium due on, or before the listed deadline at the office of the Auction Company, TIME BEING OF ESSENCE. There shall be a $100 per day late fee for failure to pay the full buyer’s premium and or close by the specific deadline and shall continue to accrue until full buyer’s premium has been received and closing takes place. Failure to pay buyer’s premium in full as listed may, at the election of the Auction Company and/or Seller, result in bid being voided and property may be sold to back-up bidder as a new transaction or other 3rd party or removed from the auction, in the sole discretion of the Auction Company. Balance of purchase price must be paid at closing on or before advertised/posted closing date. All payments must be in the form of a wire transfer, certified bank check made payable to Collar City Auctions or cash. The purchaser shall pay wire transfer fees. This is a cash sale and is not contingent on the buyer’s ability to obtain financing. By bidding, the bidder is making an irrevocable offer to purchase. Deposits paid or other amounts paid by the bidder are not considered an OPTION payment. You agree to consummate the purchase when you place your bid for the property. If you are not certain that you want to purchase the property, do not bid on it. If you have not inspected the property and desire to do so before purchasing the property, do not bid on the property.
If you are the winning bidder, no refunds or credits will be given due to property not meeting bidder’s expectations or for any other reason.
d. The deposit/down payment will be considered an earnest money deposit for the property and will not be refunded under any circumstances. Buyer’s premium and additional fees will not be refunded under any circumstances. If you have provided a cashier’s check for earnest money which has been returned for any reason, including but not limited to, being declared NSF, being drawn on a closed account, being fraudulent, or having a stop order placed on it, you are not eligible to participate in any bids and may not participate in any auctions conducted by Auction Company for a 5-year period. If despite this notice you appear at the auction or submit a bid online, your bids will be disregarded, and the other bidders will be informed that you are not eligible to participate in the auction and to disregard your bids.
e. Successful bidders must have adequate financial resources to fulfill bid commitments. If you successfully bid on real property, you contract to purchase the property for the bid amount. By placing a bid on real property in the auction you are representing to Auction Company and the seller that you have adequate cash or financing in place to purchase the property at the bid price and pay all associated costs, fees, etc., that you have performed adequate due diligence with regard to the property or expressly waive the right to do so. By participating in the auction, you acknowledge that Auction Company and the seller are relying on your representation of sufficient funding. You further acknowledge by your participation in the auction that Auction Company and the seller will be injured if you are unable to close for any reason, including losses associated with marketing and conducting the auction.
f. The successful bidder of real property shall execute a non-contingent Auction Real Estate Purchase Contract for each property on which the bidder is successful as declared by the Auction Company no later than the stated deadline. Copies of the Auction Real Estate Purchase Contract and addendums are available for review prior to the auction via our website or by calling the Auction Company.
g. Special note: An administrative or advertising fee, as specified, will be added to the final bid amount on each parcel of real property sold. The bid amount plus the fees, if any, equals the final purchase price. Excluding the buyer’s premium that is paid separately direct to the auction company.
h. Closing: All properties must close on or before advertised/posted date unless otherwise agreed to in writing by the Auction Company. Seller shall pay all current ad valorem taxes, condo fees, or other fees or assessments assessed against the property up to the date of closing. Purchaser shall pay all title updates, transfer fees and taxes, deed recording fees and related transfer fees regardless of the customary practice of the county etc.
i. Buyers note: Any person participating in the auction (whether a bidder or not) is a guest of the Auction Company and subject to bid cancelation of bidding privileges or account closure by the Auction Company at its discretion. No modification to the form of the contract will be accepted. The failure to execute the contract and additional forms required in the form presented may result, at sellers option, in a voiding of the winning bid and the sale of the property, at the election of the Seller may be awarded to the next high bidder or other 3rd party, or placement of the property back in the auction or hold for a future auction
j. Auction Company reserves the right to add or delete any item from an auction or to alter the order of properties presented during the auction.
k. All properties sell AS IS, WHERE IS with no warranties expressed or implied. Property will be conveyed by Deed Specified. An owner’s title policy may be obtained by the purchaser and shall be an expense of the purchaser but will not delay the final payment due or transfer of title. The information set forth in every advertisement or publication regarding this auction sale has not been independently verified by the Seller or Auction Company. Its accuracy is not warranted in any way, including, but not limited to, information concerning ownership or condition of any building, well, septic system, or any other appurtenances located upon, in or at the property, presence or absence of utilities, subsurface conditions, presence or radon gas, presence or absence of lead-based paint, asbestos, mold, tenant or lease information, zoning, easements, encroachments, dimensions and acreage of parcel, square footage of improvements, and all photographs. Buyer agrees that they are not relying on any information provided by the Auction Company or Seller in deciding whether to bid on the property. There is no obligation on the part of the Seller or the Auction Company to update this information. Bidders must complete all their own due diligence prior to bidding.
l. The Sellers, Auction Company, Auction Company(s) and their Agents do not have any liability whatsoever for any oral or written representation, warrants or agreements relating to the property (including information appearing in the Auction Company’s brochures, advertising, website, or other marketing materials or announcements made at the time of the auction) except those of the seller(s) as expressly set forth in the Auction Real Estate Purchase and Sale Contract.
m. In many auctions, there is no minimum starting bid required on any property, however, the seller reserves the right to accept or reject the high bid post auction. There is no obligation on the part of the seller to accept any backup bids in the event the high bidder fails to perform.
n. Agency disclosure: Auction Company and all licensees employed by or associated with Auction Company represent the Seller in the sale of these properties.
16. Disclaimers: 1. All Lots will be sold by seller to buyer on an AS IS, WHERE IS and with all faults basis. Buyer accepts all faults of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the seller and the Auction Company have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or, as to, concerning or with respect to: (i) the value, nature, quality or condition of the property or any building, structures, appurtenances thereto or thereon, including, without limitation, the water, soil, geology, subsurface conditions, dimensions, acreage, location, age thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct there from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (v) the habitability, merchantability, marketability, profitability or fitness for any particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into or existing on the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that neither the Seller nor the Auction Company have made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including solid waste (as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261), or the disposal or existence, in or on the property, of any hazardous substance (as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under), zoning, local law, or any other judicial or statutory requirements, restrictions, obligations, or other regulation of any kind that may be applicable to the property, or any building, structures, appurtenances thereto or thereon.
17. Buyer further acknowledges and agrees that having been given the opportunity to inspect the property from either walk through or drive by buyer is relying solely on buyers own investigation of the property and not on any information provided or to be provided by seller or broker or Auction Company. Buyer further acknowledges and agrees that any information provided by or on behalf of seller with respect to the property including, without limitation, all information contained in any property listing or details previously made available to buyer by seller and broker was obtained from a variety of sources and that Seller and Broker and Auction Company have not made any independent investigations or verification of such information and make no representation as to the accuracy or completeness of such information. Bidder acknowledges that seller and Auction Company and their employees, agents, affiliates, and associates reserve the right to place bids on properties up to the seller’s reserve price, if desired, at their sole discretion. Purchaser understands that sellers shall not tender bids above its reserve price.
18. Seller and Auction Company and their employees, agents, contractors, officers, and directors shall not be liable or bound in any manner by any oral or written statements, representations or information pertaining to the property, or the operation thereof, that is furnished by any real estate broker, agent, employee or other person. Seller makes no representations or warranties with respect to the physical condition or any other aspect of the property, including without limitation the structural integrity of any improvements on the property, the conformity of the improvements to any plans or specifications for the property that may be provided to buyer, the conformity of the property to applicable zoning or building code requirements, the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon.
19. Buyer and anyone claiming by, through or under buyer, hereby fully and irrevocably release Seller, Broker and Auction Company and their respective employees, officers, directors, representatives and agents from any and all claims that buyer may now have or hereafter acquire against Seller and Broker, their employees, officers, directors, representatives and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions, including environmental matters, affecting the property, or any portion thereof. This release includes claims of which buyer is presently unaware or which buyer does not presently suspect to exist in his favor which, if known by buyer, would materially affect buyers release of Seller, Broker, and Auction Company. It is understood and agreed that the purchase price has been adjusted by prior negotiation to reflect that the property is sold by the Seller and purchased by buyer subject to the foregoing.
20. Buyer assumes entire responsibility and liability for any claim or actions based on or arising out of injuries, including death, to persons or damages to or destruction or loss of property, sustained or alleged to have been sustained by buyer, its agents, principals and/or employees, in connection with or to have arisen out of or incidental to the auction, including but not limited to the performance of this contract, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence or negligent misrepresentations of Seller, Auction Company, or the employees, agents, invitees, or licensees thereof. Buyer further agrees to indemnify and hold harmless Seller, Auction Company and their representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against Seller, Auction Company, and employees, agents, invitees, and licensees thereof.
21. The Auction Company reserves the right to withdraw from the sale any of the items, to sell items not listed to group or subdivide one or more lots, or to sell all the items listed in bulk. Items are generally sold to the highest bidder, but some may be subject to the seller’s right of confirmation. The Auction Company has the right to reject any nominal or fractional bid which he believes may negatively affect the sale. The Auction Company may amend, change, modify, discontinue, or suspend any aspect of the auction sale without notice and without liability to prospective bidders. Additional terms and conditions of sale may be added and will be announced and/or posted on the Auction Companies website prior to the Auction.
22. By submitting your request to register as a bidder for the online auction. Bidder as purchaser acknowledges receipt of these Terms and Conditions of Online Auction Sales and unconditionally agrees to be bound by the terms and conditions herein and listed in any Bidder Registration Package as a condition of bidder registration.
23. Please email reception@collarcityauctions.com with any questions.
24. Due to the nature of doing business over internet auctions, Collar City Auctions reserves the right to restart bidding on a lot or lots due to any technical issues experienced or act of God. The Auction Company and Seller shall not be responsible for any internet issues that may arise or the lack there of during the auction.
I understand that by completing any or all registration forms I unconditionally agree that you clearly read, write, speak, and understand the English Language and agree to be bound by all terms and conditions as well as any additional auction terms.
I agree that by clicking "I ACCEPT THESE TERMS." I am electronically signing this document.
Thank you. We appreciate your participation.
Real property is subject to Seller acceptance or rejection within approximately 24 hours post auction closing. Seller reserves the right to accept the high bid even if the reserve is not met. THE HIGH BIDDER SHALL BE BOUND TO PERFORM IF THE BID IS ACCEPTED BELOW THE RESERVE PRICE. Upon bid acceptance by the Seller of real property a $5,000.00 down payment, 12% buyer's premium (12% add on to bid price) and a flat $750.00 administrative fee is required in cash/certified bank check made payable to Collar City Auctions, Inc. Escrow and must be paid no later than 4:00 PM within 72 hours of bid acceptance by Seller. Time Being of Essence. All single or combined payments exceeding $5,000.00 must be paid via cash, official bank check, or wire transfer only. Payments are due by appointment at our office located at 9423 Western Tpke., Delanson, NY 12053. Please call 518-895-8150 Monday through Friday 9:00 am to 4:00 pm to schedule. Property is sold AS IS, including all contents contained within the building on the day of inspection, without contingencies of any kind with the exception that purchaser is guaranteed free and clear title. The business name is not included in the sale. No bids may be withdrawn or canceled once placed. ALL BIDS ARE PLACED AT MAX BID, THIS MEANS YOUR MAXIMUM BID PLACED WILL BE IMMEDIATELY ACCEPTED AND POSTED.
You will receive a telephone call and/or e-mail confirmation within approximately 24 hours of acceptance of bid by the Seller. It is your responsibility to contact our office if you do not receive notice.
Bidder Certification, Contract Terms and Conditions
Online auction sales conducted, hosted or otherwise administered by Collar City Auctions, Inc. or its designee, either through the auction company’s website www.collarcityauctions.com or www.collarcityauctionsonline.com or any other website designated by the auction company for the purpose of conducting an online auction agrees to the following:
Take Notice:
I, the bidder, as purchaser unconditionally and expressly grant permission to the auction company or its representatives as follows: Bidders that do not pay their invoice will automatically have their credit card charged the full amount due, plus a 15% administrative fee. Not as a penalty, but as liquidated damages to the seller and auction company. By becoming a member of our site, registering to bid within an auction and and clicking below/electronically signing the Bidder Certification, Contract Terms and Conditions, you expressly and unconditionally agree and acknowledge to be fully bound to all terms you have read and if necessary have had the opportunity to review with counsel prior to placing any bids.
I further acknowledge, at the sole discretion of the auction company, my account may be suspended or revoked. Site registration and bidding is a privilege and my name and/or business name and locality may be posted on the auction company's website as a Prohibited bidder. By agreeing to our terms of use, registering to become a member of website and registering to participate in any auction, you acknowledge and grant irrevocable permission to the auction company to post my name as registered if I do not pay for all item(s) bid on and purchased.
I understand that by completing any and/or all registration forms, I am able to clearly read, write, speak and understand the English language and agree to be bound by the terms and conditions contained herein as well as any additional auction terms.
I agree that by clicking "I accept These Terms.' I am electronically signing this document.
Thank you. We appreciate your participation.
Personal Property BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS
ONLINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY COLLAR CITY AUCTIONS, INC., OR DESIGNEE. (AUCTION COMPANY OR AUCTION COMPANY) EITHER THROUGH AUCTION COMPANYS WEBSITE WWW.COLLARCITYAUCTIONS.COM or WWW.COLLARCITYAUCTIONSONLINE.COM OR ANY OTHER WEBSITE DESIGNATED BY AUCTION COMPANY FOR THE PURPOSE OF CONDUCTING AN ONLINE AUCTION.
NOTICE: Effective Immediately and due to increased fraud: We will only accept credit card payments if the line item of your invoice "Balance Due," is below $5,000.00. All invoices with a "Balance Due," exceeding $5,000.00 must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (We do not accept money orders)
1. NOTICE: I, THE BIDDER AS PURCHASER UNCONDITIONALLY AND EXPRESSLY GRANT PERMISSION TO THE AUCTION COMPANY OR ITS REPRESENTATIVE(S) AS FOLLOWS: BIDDERS WHO DO NOT PAY WILL AUTOMATICALLY HAVE YOUR CREDIT CARD CHARGED WITH THE FULL AMOUNT DUE, PLUS A 15% ADMINISTRATIVE FEE, NOT AS A PENALTY, BUT AS LIQUIDATED DAMAGES TO THE AUCTION COMPANY. BY BECOMING A MEMBER OF OUR SITE, REGISTERING TO BID WITHIN ANY AUCTION AND CLICKING BELOW/ELECTRONICALLY SIGNING THE BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS, YOU EXPRESSLY AND UNCONDITIONALLY AGREE AND ACKNOWLEDGE TO BE FULLY BOUND TO ALL TERMS HEREIN THAT YOU HAVE READ AND IF NECESSARY HAVE HAD THE OPPORTUNITY TO REVIEW WITH COUNSEL PRIOR TO PLACING ANY BIDS. I further acknowledge that, at the sole discretion of the auction company, my account may be suspended or revoked as site registration and bidding is a privilege and MY NAME AND/OR BUSINESS NAME AND LOCALITY may be posted on the Auction Companies "Prohibited Bidder List" via our website(s). By agreeing to our terms of use, registering to become a member of our site, registering to participate in any auction, you acknowledge and grant irrevocable permission to the Auction Company to post my name as registered if I do not pay for all item(s) bid on and purchased.
2. Purchaser unconditionally agrees that any items not retrieved during scheduled removal shall be considered immediately abandoned without recourse and no refunds or credits shall be issued. We encourage all bidders and buyers to make arrangements prior to the auction closing as the removal dates are posted well in advance.
3. YOU WILL RECEIVE AN INVOICE VIA EMAIL WITHIN APPROXIMATELY 24 HOURS AFTER THE AUCTION IS COMPLETED. YOU MUST LOG IN TO YOUR MEMBER AREA TO PAY VIA CREDIT CARD. (NO AMERICAN EXPRESS OR PREPAID CARDS ARE PERMITED)
4. REMOVAL: See individual lot description for shipping details. Language is also provided hereto, but lot description shall take precedence. All Shipping and packaging, if any, shall be provided (INDEPENDENTLY) by The UPS Store, locally owned and operated by Rachael Franklin at an additional cost to the purchaser and independently from the auction company. All items will be shipped with insurance at the buyer’s expense. You must call 518-843-0550 to arrange shipping of your items once full payment has been received by the Auction Company. Local purchasers may pick purchases up as noted in Lot Description.
5. FULL PAYMENT MUST BE RECEIVED AS LISTED BY THE AUCTION COMPANY and Auction Company Invoicing Post Auction. It is the Buyers responsibility to contact the Auction Company if they do not receive an invoice via email within 24-hours after auction closes. Failure of buyer to supply a correct email address or claim of no invoice is not grounds to cancel bid or obligations to perform.
6. A Buyers Premium Scale PER ITEM will be assessed based on the following, which will be added to the high bid price. (This is in addition to your bid price).
$0 - $50,000 = 22% BP
$50,001-$75,000 = 21% BP
$75,001-$99,999 = 20% BP
$100,000 and Up = 19% BP
Buyers that do not pay on time shall be assessed a 15% late fee in addition to the initial total amount due.
Please be sure to read additional Auction Terms thoroughly.
Notice: Please read these terms and conditions thoroughly prior to registration. By checking the boxes and clicking 'submit registration' button all bidders and other persons participating in Auction Company’s online auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.
7. Identification: All purchasers are required to give full name (First and Last), company name, address, phone number, fax number, cell phone or secondary contact number, VALID email address, VALID credit or debit card information and VALID banking information when required. Your credit card will be charged $2.00 hold and release to verify the card is valid before being approved to bid, which will be immediately refunded. This is done only to verify the card is valid and must match the billing address of the card used.
8. Anyone under the age of 21, or who for whatever reason is unable to enter into legally binding contracts, are prohibited from using our online auction or participating in any online auctions hosted by Auction Company.
9. Read these terms of sale carefully. By participating in the auction, you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the Seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify the Seller and Auction Company.
10. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES: a. All deposits, bidding and invoicing will be in U.S. dollars ($) only.
b. When required by Auction Company, all bidders will be required to tender a deposit or credit card authorization in order to register to bid. No bidders will be registered without tendering said deposit or credit card authorization. The amount of deposit will be set by Auction Company on a case-by-case basis and will be posted on Auction Company’s website and/or shown herein. Deposits may be made by cash, certified funds, wire transfer, or credit/debit card (with sufficient available credit) only. Auction Company will post the requirements for each auction and/or each item or parcel on Auction Company’s website and/or herein. Personal checks and company checks will not be accepted. If Bidder elects to pay the down payment by wire transfer, a nonrefundable wire transfer reimbursement fee of $35.00 is required if Bidder resides in the United States, or $65.00 if Bidder resides outside the United States. This nonrefundable fee is to defray Auction Company’s costs and expenses of processing the wire transfer payments. In no event shall any wire transfer fees be reimbursed.
c. Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller, and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, and any other fees or applicable taxes, whether the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property. No Bid may be withdrawn for any reason.
d. Winning bidders who fail to pay for their bids (FOR WHATEVER REASON) will be assessed a penalty fee equal to 15% of the total outstanding invoice(s). This fee or monies available on any credit card will be charged to any registrant, agent or other person or entity that registered/bid with the Auction Company. If applicable, forfeit any monies already on deposit. At the sole discretion of the Auction Company, the bidder’s membership and or bidding privileges may be suspended or revoked from participation in current or future auctions. By using this on-line auction service and electronically signing herein, you unconditionally agree that any dispute concerning the auction, payments and payment methods, removal of purchased merchandise, any bid, use of the online auction service, or goods or property purchased through this on-line auction shall be governed by the TERMS & CONDITIONS AS SETFORTH HEREIN AND ADDITIONAL TERMS CONTAINED IN LOT DESCRIPTION and without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of New York, and that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any such claim, dispute or legal action shall be the New York State Supreme Court, County of Schenectady or at the option of Auction Company, in any court of competent jurisdiction or any courts located in the county in which the Auction Company is located. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or proceeding arising out of or relating to this agreement in any other court. If bidder commences a claim or legal action in any jurisdiction or before any tribunal other than New York State Supreme Court, Schenectady County you hereby expressly agree to be liable for all attorney’s fees, court costs, disbursements and the like incurred by Auction Company or Seller in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, additional fees or administrative fees, or any portion thereof, then you shall be liable for all attorney’s fees, court costs, time and disbursements incurred by Auction Company or the Seller in attempting to collect the amounts due and shall be billed at $395.00 per man hour. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute, or legal action between the parties to this agreement shall not be recoverable by one party against the other. The bidder or buyer unconditionally agrees, authorizes, and grants sole authorization to Auction Company or their agents to reserve all rights to commence an action against the bidder(s) or buyer(s) in a court of their choice and all other applicable terms shall be binding and enforceable.
e. All sales are final. Once your bid is accepted as the high bid, no refunds, exchanges, or credits will be issued for any reason whatsoever. Your lack of a thorough inspection or lack of announced or posted description revisions are not the problem of the Auction Company or Seller.
f. Any bidders having submitted a deposit with Auction Company, but not winning any bid in the auction, will be entitled to a full refund (less any non-refundable fees or wire transfer fees if applicable). Auction Company will use its best efforts to make such refunds to non-winning bidders as soon as possible post auction. Upon return of the deposit, this agreement shall automatically terminate, and Bidder and Auction Company shall be deemed to have released each other from all obligations hereunder as if this agreement was never executed, and Bidder shall not have nor make any claims to the Property or against Auction Company or any Sellers having participated in the auction.
g. Anyone outside of the continental United States will be required to supply Auction Company with complete Name, Company Name, Mailing Address, Country of Origin and may be required, at discretion of the Auction Company, to submit a deposit prior to auction ending.
h. Sales tax: Tax exempt purchaser's: MUST complete a New York State ST-120 or ST-125 Form available on the online auction and return to our office via fax: 518-895-8152 or email: reception@collarcityauctions.com PRIOR TO THE AUCTION ENDING or be subject to applicable sales taxes. We will not make any exceptions. Send the form as required or pay the sales tax. Please do not send them AFTER AUCTION CLOSES and expect us to revise our completed records because you did not read this when registering, during bidding, in the lot description and now. However, we will be happy to revise your invoice after the deadline for a $75.00 fee and will make revision once the revision fee has been received in full.
i. Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the Auction Company, the sale may be voided with the seller and Auction Company reserving all rights to pursue collection of any deficiency or loss.
j. Additional terms and conditions: The Auction Company may add or revise terms and conditions of sale, such additional terms and conditions that will be posted on the Auction Company’s website.
k. Indemnification: Purchaser agrees to indemnify and hold Auction Company, its principals, agents, staff and the seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with Federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
l. Claims: No claims will be allowed once bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive responsibility of the "bidder as purchaser" and relieves Auction Company and Seller, its principals, and agents of any and all liabilities that may arise from damage, theft or loss prior to removal of goods from premises.
m. Responsibility for non-delivery: Auction Company shall not, in any event, be liable for non-delivery of any matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to remove items: In default of payment of bills in full within the time therein specified, the Auction Company in addition to all other remedies allowed by law may retain all monies received as deposit or payment or otherwise, not as a penalty, but as liquidated damages. Lots not paid for and removed within the time allowed may be resold at public or private sale or disposed of without further notice, and any deficiency, together with all expenses and charges of re-sale, collection, and associated expenses, including, but not limited to attorney’s fees will be charged to the defaulting purchaser. Bidder as purchaser unconditionally authorizes Auction Company to charge all fees to Credit/Debit Card on file without recourse and agrees to unconditionally and forever forgo all rights to dispute or reject any charge backs.
o. Risk to person and property: Persons attending during exhibition, inspection or removal of goods assume all risks of damage or loss to person and property and specifically release the Auction Company and the Seller, its principals, and agents from liability herefore. Neither the Auction Company nor its principal nor agents shall be liable by reason of any defect in or condition of the items on which the sale is based.
p. Addition to or withdrawal from sale: The Auction Company and Seller reserve the right to withdraw or add from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the Auction Company reserves the right to sell all the property listed, in bulk, and place bids on behalf of the seller or themselves.
q. Dispute between bidders: If any dispute arises between two or more bidders, the Auction Company may decide the same or put the lot up for sale again and resell to the highest bidder. The Auction Company’s decision shall be final and absolute. r. Reserve: The Auction Company reserves the right to reject any and all bids. On lots upon which there may be a reserve, the Auction Company shall have the right to bid on behalf of the Seller.
s. Records: The record of sale kept by the Auction Company and any bookkeeper will be taken as final in the event of any dispute.
t. Agency: The Auction Company is acting as agent between the seller/consignor and bidder as purchaser, only and is not responsible for the acts of their or its principals, acts of the seller, seller's agents. Buyer unconditionally acknowledges that the purchase transaction is taking place solely between the seller and the purchaser and the Auction Company, its principals and agents are strictly acting in the capacity of the Sellers agent.
u. Conduct of Strictly Online Auction: Auction Company uses dynamic ending times for all online auctions. Online auction ending times will be extended by two-minute intervals if bids are placed during the last minutes of the scheduled auction ending time. Such an extension of the ending time of the auction will continue, in two-minute intervals, as long as active bidding continues. Once there are 120 seconds or so without any bidding, no further extensions will be given, and the auction will end. This does not apply to Live Simulcast Auctions.
v. Vehicle Transfer Documents: Bidder as Purchaser agrees to accept the paperwork as advertised and provided to Auction Company by Seller. It is the bidder’s responsibility to verify marketability of title and or liens and encumbrances prior to submitting a bid. Please contact Auction Company with any questions prior to bidding.
w. Limitations of Liability: For any reason whatsoever, an item purchased cannot be delivered, the buyer waives liability on the part of Auction Company and further agrees that any obligation of said item is limited to the bid and paid for price of item. Persons attending the auction preview, sale, or removal assume all risks of damage of or loss to person and property and specifically release and indemnify Auction Company and Seller from liability.
Auction Company and/or seller shall not be liable by reason of any defect in or condition of the premises in which the sale is held.
x. Vehicles: Auction Company is not responsible for any penalties on past-due registrations, over the road taxes or smog compliance certificates. It is the bidder’s sole responsibility to check all vehicles for plates/tags, smog devices, and/or any defects prior to bidding.
11. CREDIT CARD AGREEMENT: NOTICE: Effective Immediately and due to increased fraud: We will only accept credit card payments up to the amount of $5,000. All balances above this amount must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (We do not accept money orders)
By completing the registration, participating, registering and submitting any bid, the Bidder as Purchaser expressly and unconditionally agrees that once Bidder is acknowledged by Collar City Auctions in its sole discretion as the high bidder in any auction, all auction purchases by Bidder shall be subject to the following credit card terms and conditions:
a. I unconditionally agree, authorize, and grant permission to the Auction Company to charge my credit card for any payments due, including, but not limited to any accessed penalties, even in the event I dispute any of my purchases or fees due. I also agree that the Auction Company’s determination of winning bidders shall govern this transaction without recourse. Storage charges shall accrue from date of auction at $85.00 per day for vehicles and $45.00 per day per item for tangible purchases not removed within specified removal terms.
b. All sales are final without recourse of any kind now or in the future.
c. All items are sold by the Auction Company and purchased by Bidder as Purchaser in As Is and Where Is condition at time of auction closing with absolutely no warranty or guarantee of any kind.
d. No Refunds.
e. No Credits.
f. No Adjustments.
g. No Charge Backs.
h. I hereby unconditionally authorize all charges made by the Auction Company to the credit or debit card provided for any item or items I bid on and am determined by the Auction Company, in its sole discretion, to be the high bidder now or at any time in the future and I hereby unconditionally agree not to dispute or attempt to disclaim any such charges whether part or full made by Auction Company pursuant to this Credit Card Agreement.
i. I acknowledge and understand that charges on my Credit or Debit Card Statement made pursuant to this Credit Card Agreement may contain the name Collar City Auctions on it.
j. I agree and acknowledge that I, the undersigned Bidder, have read and understand this Credit Card Agreement and that I understand, write, speak, and read the English Language. I further authorize Collar City Auctions to charge the credit or debit card provided for any and all charges permitted under this Credit Card Agreement, the Bidder Certification - Terms and Conditions of Auction Sale, and any other forms or agreements between myself as Bidder and the Auction Company.
k. See Terms and Conditions of Auction Sale for additional terms and conditions. I hereby acknowledge my receipt and understanding of the Terms and Conditions of Auction Sale.
12. The undersigned Bidder expressly agrees to be fully and unconditionally bound by the terms herein, as well as all terms and conditions contained in Terms and Conditions of Auction Sale, the bidder contract, and all other auction terms as may be applicable. I also unconditionally agree to be responsible for ALL COLLECTION COSTS ASSOCIATED WITH MY DEFAULT OF ANY TERMS OF THIS TRANSACTION, INCLUDING ALL ATTORNEY, AND COLLECTION AND COURT FEES.
13. TERMS OF SALE - NON-REAL ESTATE ITEMS (EXCLUDING FIREARMS):
a. Payment in full for all winning bids on non-real estate items must be made not later than as specified in the Lot Description or auction details. Time is of the essence. All payments shall be by cash, credit or debit card, wire transfer.
All bidding, invoicing, and payments will be in U.S. dollars ($) only. Full payment is due prior to the completion of the stated removal date and closing time. Acceptable payment methods: Cash, Wire Transfer, M/C, Visa, Discover, Debit Card. (NO AMEX, PREPAID CARDS AND MONEY ORDERS ACCEPTED)
b. All purchases, excluding firearms, must be removed not later than the advertised stated date and removal period, unless shipped or added to a pistol permit. No lot can be removed unless full payment has been received by Auction Company and a PAID receipt issued. Removal shall be at the sole expense, risk, and liability of the purchaser. Purchases may be removed only on presentation of PAID receipt and any required paperwork. Auction Company shall not be responsible for goods not removed within the time allowed but shall have the option at its sole discretion to remove and/or store said goods and the costs associated therewith shall be charged to the winning bidder. Auction Company not responsible for rigging, packaging, damages, assistance with loading, or shipping of any purchased items. Bidder as purchaser clearly acknowledges that the auction company and the seller will not provide, tools, loading assistance or rigging of any kind and the bidder as purchaser assumes all responsibility and agrees to bring adequate assistance for removal of all purchases.
c. Conditions of articles sold: The Auction Company and Seller shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles.
All articles are available for inspection, unless noted in the lot description or auction details prior to the auction as noted and are sold AS IS and without recourse.
Articles are not warranted as to merchantability or fitness for any particular purpose, and no claim may be made by the purchaser relating to the condition or use of articles purchased, or for proximate or consequential damages arising there from.
d. Safety devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise.
It is purchasers’ responsibility that articles purchased are so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
e. Sale by estimated weight, count, or measure: Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure as announced when sold.
14. TERMS OF SALE - FIREARMS (When Applicable)
a. Payment in full for all winning bids on firearms must be made no later than the scheduled stated date and time post auction. Time is of the essence. All payments shall be by cash, wire transfer, or certified funds payable to Collar City Auctions. All bidding, invoicing, and payments will be in U.S. dollars ($) only.
b. All firearms sales are subject to all applicable laws, rules, and regulations, including the requirements of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms dealers participating in any online auction service of Auction Company must be Federal Firearms Licensees (FFL) and file proof of valid licensure with Auction Company via email at reception@collarcityauctions.com or via facsimile 518-895-8152 prior to bidding. Pursuant to the Brady Handgun Violence Prevention Act of 1993, all winning bidders of firearms will be subject to the Federal Bureau of Investigations National Instant Background Check System (NICS) approval at the time of purchase. Do not bid if you will not pass the NICS check. If you fail the NICS check, you will be disqualified as a bidder on any firearms and your bid will automatically be rejected. In such a case, the firearm may be sold to the next highest bidder, to a third-party, or returned to the seller, at the sole discretion of the Auction Company. No refunds of any kind will be given for failure to pass the NICS check. Firearms may be shipped to an FFL of your choice after full payment, including shipping and handling charges have been received by the Auction Company. Otherwise, the bidder, as purchaser shall pick up firearms at the office of the Auction Company provided the purchaser is a New York State Resident. New York Residents must have a valid New York State Pistol Permit to Bid on Handguns. All New York State bidders and buyers must have a NYS Pistol Permit with the proper semiautomatic endorsement.
15. TERMS OF SALE - REAL ESTATE: (When Applicable) a. Anyone outside of the continental United States bidding on real estate must submit a minimum deposit of $10,000 (US Funds Only) which will allow them to bid.
Deposits must be delivered to the Auction Company via wire transfer no later than 48 hours before the auction sale.
b. All prospective bidders are strongly urged to perform their own independent due diligence for each Lot of real or personal property they are considering bidding on and to engage counsel of their own choosing and to obtain and examine a title report regarding all real property bidder intends to bid on during the on-line auction. Seller and Auction Company make no warranties or representations, expressed or implied, written, or oral, with respect to the state of title of any of the real properties.
c. If you are determined by the Auction Company to be the winning bidder on a property, your specified deposit will be immediately applied and credited to the down payment. In addition, an additional mandatory buyer’s premium (add-on to bid price) and other fees in cash, certified bank check payable to Collar City Auctions. Balance of buyer’s premium due on, or before the listed deadline at the office of the Auction Company, TIME BEING OF ESSENCE. There shall be a $100 per day late fee for failure to pay the full buyer’s premium and or close by the specific deadline and shall continue to accrue until full buyer’s premium has been received and closing takes place. Failure to pay buyer’s premium in full as listed may, at the election of the Auction Company and/or Seller, result in bid being voided and property may be sold to back-up bidder as a new transaction or other 3rd party or removed from the auction, in the sole discretion of the Auction Company. Balance of purchase price must be paid at closing on or before advertised/posted closing date. All payments must be in the form of a wire transfer, certified bank check made payable to Collar City Auctions or cash. The purchaser shall pay wire transfer fees. This is a cash sale and is not contingent on the buyer’s ability to obtain financing. By bidding, the bidder is making an irrevocable offer to purchase. Deposits paid or other amounts paid by the bidder are not considered an OPTION payment. You agree to consummate the purchase when you place your bid for the property. If you are not certain that you want to purchase the property, do not bid on it. If you have not inspected the property and desire to do so before purchasing the property, do not bid on the property.
If you are the winning bidder, no refunds or credits will be given due to property not meeting bidder’s expectations or for any other reason.
d. The deposit/down payment will be considered an earnest money deposit for the property and will not be refunded under any circumstances. Buyer’s premium and additional fees will not be refunded under any circumstances. If you have provided a cashier’s check for earnest money which has been returned for any reason, including but not limited to, being declared NSF, being drawn on a closed account, being fraudulent, or having a stop order placed on it, you are not eligible to participate in any bids and may not participate in any auctions conducted by Auction Company for a 5-year period. If despite this notice you appear at the auction or submit a bid online, your bids will be disregarded, and the other bidders will be informed that you are not eligible to participate in the auction and to disregard your bids.
e. Successful bidders must have adequate financial resources to fulfill bid commitments. If you successfully bid on real property, you contract to purchase the property for the bid amount. By placing a bid on real property in the auction you are representing to Auction Company and the seller that you have adequate cash or financing in place to purchase the property at the bid price and pay all associated costs, fees, etc., that you have performed adequate due diligence with regard to the property or expressly waive the right to do so. By participating in the auction, you acknowledge that Auction Company and the seller are relying on your representation of sufficient funding. You further acknowledge by your participation in the auction that Auction Company and the seller will be injured if you are unable to close for any reason, including losses associated with marketing and conducting the auction.
f. The successful bidder of real property shall execute a non-contingent Auction Real Estate Purchase Contract for each property on which the bidder is successful as declared by the Auction Company no later than the stated deadline. Copies of the Auction Real Estate Purchase Contract and addendums are available for review prior to the auction via our website or by calling the Auction Company.
g. Special note: An administrative or advertising fee, as specified, will be added to the final bid amount on each parcel of real property sold. The bid amount plus the fees, if any, equals the final purchase price. Excluding the buyer’s premium that is paid separately direct to the auction company.
h. Closing: All properties must close on or before advertised/posted date unless otherwise agreed to in writing by the Auction Company. Seller shall pay all current ad valorem taxes, condo fees, or other fees or assessments assessed against the property up to the date of closing. Purchaser shall pay all title updates, transfer fees and taxes, deed recording fees and related transfer fees regardless of the customary practice of the county etc.
i. Buyers note: Any person participating in the auction (whether a bidder or not) is a guest of the Auction Company and subject to bid cancelation of bidding privileges or account closure by the Auction Company at its discretion. No modification to the form of the contract will be accepted. The failure to execute the contract and additional forms required in the form presented may result, at sellers option, in a voiding of the winning bid and the sale of the property, at the election of the Seller may be awarded to the next high bidder or other 3rd party, or placement of the property back in the auction or hold for a future auction
j. Auction Company reserves the right to add or delete any item from an auction or to alter the order of properties presented during the auction.
k. All properties sell AS IS, WHERE IS with no warranties expressed or implied. Property will be conveyed by Deed Specified. An owner’s title policy may be obtained by the purchaser and shall be an expense of the purchaser but will not delay the final payment due or transfer of title. The information set forth in every advertisement or publication regarding this auction sale has not been independently verified by the Seller or Auction Company. Its accuracy is not warranted in any way, including, but not limited to, information concerning ownership or condition of any building, well, septic system, or any other appurtenances located upon, in or at the property, presence or absence of utilities, subsurface conditions, presence or radon gas, presence or absence of lead-based paint, asbestos, mold, tenant or lease information, zoning, easements, encroachments, dimensions and acreage of parcel, square footage of improvements, and all photographs. Buyer agrees that they are not relying on any information provided by the Auction Company or Seller in deciding whether to bid on the property. There is no obligation on the part of the Seller or the Auction Company to update this information. Bidders must complete all their own due diligence prior to bidding.
l. The Sellers, Auction Company, Auction Company(s) and their Agents do not have any liability whatsoever for any oral or written representation, warrants or agreements relating to the property (including information appearing in the Auction Company’s brochures, advertising, website, or other marketing materials or announcements made at the time of the auction) except those of the seller(s) as expressly set forth in the Auction Real Estate Purchase and Sale Contract.
m. In many auctions, there is no minimum starting bid required on any property, however, the seller reserves the right to accept or reject the high bid post auction. There is no obligation on the part of the seller to accept any backup bids in the event the high bidder fails to perform.
n. Agency disclosure: Auction Company and all licensees employed by or associated with Auction Company represent the Seller in the sale of these properties.
16. Disclaimers: 1. All Lots will be sold by seller to buyer on an AS IS, WHERE IS and with all faults basis. Buyer accepts all faults of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the seller and the Auction Company have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or, as to, concerning or with respect to: (i) the value, nature, quality or condition of the property or any building, structures, appurtenances thereto or thereon, including, without limitation, the water, soil, geology, subsurface conditions, dimensions, acreage, location, age thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct there from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (v) the habitability, merchantability, marketability, profitability or fitness for any particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into or existing on the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that neither the Seller nor the Auction Company have made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including solid waste (as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261), or the disposal or existence, in or on the property, of any hazardous substance (as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under), zoning, local law, or any other judicial or statutory requirements, restrictions, obligations, or other regulation of any kind that may be applicable to the property, or any building, structures, appurtenances thereto or thereon.
17. Buyer further acknowledges and agrees that having been given the opportunity to inspect the property from either walk through or drive by buyer is relying solely on buyers own investigation of the property and not on any information provided or to be provided by seller or broker or Auction Company. Buyer further acknowledges and agrees that any information provided by or on behalf of seller with respect to the property including, without limitation, all information contained in any property listing or details previously made available to buyer by seller and broker was obtained from a variety of sources and that Seller and Broker and Auction Company have not made any independent investigations or verification of such information and make no representation as to the accuracy or completeness of such information. Bidder acknowledges that seller and Auction Company and their employees, agents, affiliates, and associates reserve the right to place bids on properties up to the seller’s reserve price, if desired, at their sole discretion. Purchaser understands that sellers shall not tender bids above its reserve price.
18. Seller and Auction Company and their employees, agents, contractors, officers, and directors shall not be liable or bound in any manner by any oral or written statements, representations or information pertaining to the property, or the operation thereof, that is furnished by any real estate broker, agent, employee or other person. Seller makes no representations or warranties with respect to the physical condition or any other aspect of the property, including without limitation the structural integrity of any improvements on the property, the conformity of the improvements to any plans or specifications for the property that may be provided to buyer, the conformity of the property to applicable zoning or building code requirements, the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon.
19. Buyer and anyone claiming by, through or under buyer, hereby fully and irrevocably release Seller, Broker and Auction Company and their respective employees, officers, directors, representatives and agents from any and all claims that buyer may now have or hereafter acquire against Seller and Broker, their employees, officers, directors, representatives and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions, including environmental matters, affecting the property, or any portion thereof. This release includes claims of which buyer is presently unaware or which buyer does not presently suspect to exist in his favor which, if known by buyer, would materially affect buyers release of Seller, Broker, and Auction Company. It is understood and agreed that the purchase price has been adjusted by prior negotiation to reflect that the property is sold by the Seller and purchased by buyer subject to the foregoing.
20. Buyer assumes entire responsibility and liability for any claim or actions based on or arising out of injuries, including death, to persons or damages to or destruction or loss of property, sustained or alleged to have been sustained by buyer, its agents, principals and/or employees, in connection with or to have arisen out of or incidental to the auction, including but not limited to the performance of this contract, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence or negligent misrepresentations of Seller, Auction Company, or the employees, agents, invitees, or licensees thereof. Buyer further agrees to indemnify and hold harmless Seller, Auction Company and their representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against Seller, Auction Company, and employees, agents, invitees, and licensees thereof.
21. The Auction Company reserves the right to withdraw from the sale any of the items, to sell items not listed to group or subdivide one or more lots, or to sell all the items listed in bulk. Items are generally sold to the highest bidder, but some may be subject to the seller’s right of confirmation. The Auction Company has the right to reject any nominal or fractional bid which he believes may negatively affect the sale. The Auction Company may amend, change, modify, discontinue, or suspend any aspect of the auction sale without notice and without liability to prospective bidders. Additional terms and conditions of sale may be added and will be announced and/or posted on the Auction Companies website prior to the Auction.
22. By submitting your request to register as a bidder for the online auction. Bidder as purchaser acknowledges receipt of these Terms and Conditions of Online Auction Sales and unconditionally agrees to be bound by the terms and conditions herein and listed in any Bidder Registration Package as a condition of bidder registration.
23. Please email reception@collarcityauctions.com with any questions.
24. Due to the nature of doing business over internet auctions, Collar City Auctions reserves the right to restart bidding on a lot or lots due to any technical issues experienced or act of God. The Auction Company and Seller shall not be responsible for any internet issues that may arise or the lack there of during the auction.
I understand that by completing any or all registration forms I unconditionally agree that you clearly read, write, speak, and understand the English Language and agree to be bound by all terms and conditions as well as any additional auction terms.
I agree that by clicking "I ACCEPT THESE TERMS." I am electronically signing this document.
Thank you. We appreciate your participation.