ONLINE ONLY AUCTION—SURPLUS EQUIPMENT for CITY OF FREDERICKSBURG

 

We do everything possible to make our auctions fair and transparent. Please take note of the general terms and conditions of bidding listed below.

1. Before bidding on-site, online or by proxy at a Nicholls Auction Marketing Group (NAMG) auction, you must read and accept the Terms and Conditions of bidding. Read these terms carefully (summarized below). When you sign your Bidder Registration Agreement or click the “accept” button online, you enter into a binding legal agreement with NAMG.

2. All bids submitted at NAMG auctions are final and irrevocable, whether they are submitted in person, online or by proxy. If you are the highest bidder and the auctioneer announces the lot as sold to you, you are the new owner of that item. All sales are final.

3. The terms of bidding are governed by the jurisdiction in which the auction takes place.

4. NAMG sells each and every item “as is, where is.” We make no guarantees or warranties with respect to the items in our auctions. We recommend that you read the full details about each item on our web site and visit the auction site to inspect any items you’d like to buy before bidding on auction day. You may also send someone to the site to conduct the inspection on your behalf.

5. Every item becomes the responsibility of the new owner as soon as the auctioneer announces that an item has been sold. If you are the highest bidder, you are responsible for insuring your purchase immediately.

6. A credit card is required when you register to bid online. If you are the successful bidder, your credit card will immediately be charged unless you make prior arrangements for payment with Mr. Kelly Strauss (540-226-1279). There is a 15% buyer’s premium for all online purchases. Example: Hammer price of $1,000 + 15% Buyer’s Premium==$1,150.

7. Buyers cannot take possession of or remove their purchases from the auction site until the total purchase price has been paid in full. Purchases must be removed from the site by the time specified in the auction details. Removal Dates and Times: Tuesday and Wednesday, July 16 and 17, 2013, from 8:30 am-3:30 pm ET. You must see Dan Constein with your paid receipt for removal.

 

Terms

By participating in this auction online the bidder/buyer agrees to the following terms and conditions: Disclaimer NICHOLLS AUCTION MARKETING GROUP, INC. (NAMG) AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS “AS IS,” UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. NAMG AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. NAMG’s liability to a purchaser will never exceed the purchase price actually paid for an asset. Bidders accept all auction assets “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets. Bidders are strongly advised by NAMG to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid.

Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends. If the pictures displayed with descriptions do not appear to match, contact 540-226-1279 to report the auction date and item number. Buyer’s Premium There is a 15% Buyer’s Premium for all online purchases. Example: $1,000 hammer price + 15% Buyer’s Premium of $150==$1,150 NAMG reserves the right to strike any Internet bid if the bidder refuses or fails to timely cooperate with NAMG’s efforts to verify the bidder’s qualification to bid. By registering to bid in this auction, you authorize all credit references, banks and credit reporting agencies to provide complete information about your credit to NAMG. Payment The credit card that you registered with will be charged in full for all of your purchases at the conclusion of the auction.

NAMG accepts the following forms of payment: Visa, MasterCard, and American Express.

Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time. NAMG reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. Inspection Date & Time All personal property in this auction is available for inspection on location according to the schedule below: Monday, July 8, 2013 from 10am-3pm ET.

Removal Dates and Times: Tuesday and Wednesday, July 16 & 17, 2013, from 8:30 am-3:00 pm ET. All items must be removed from the auction location by 3:00 PM ET, Wednesday, July 17, 2013. If items are not removed by 3:00 PM ET, Wednesday, July 17, 2013, NAMG reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling. Shipping: NAMG will NOT provide shipping for items purchased through this auction.

Auctioneer’s Discretion NAMG has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of NAMG or the seller. Debt Collection, Interest Charges, Jurisdiction and Venue The buyer agrees to pay all reasonable attorney fees and other costs incurred by NAMG in its efforts to collect unpaid funds due from the buyer under this agreement, regardless of whether or not a civil suit is actually commenced. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due NAMG. Buyer also authorizes NAMG to debit their credit card placed on file by buyer with NAMG, for any past due amounts owing by buyer under this agreement. The buyer expressly stipulates that this agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Virginia of the United States of America to the exclusion of any other law or conflicts of law principle that might otherwise apply to the law of any other jurisdiction. Exclusive jurisdiction and venue for any dispute, controversy or claim arising out of or in connection with this agreement shall only be placed in the Federal or State Court with competent jurisdiction located in Spotsylvania County, VA. In this regard, the parties consent to the exercise of personal jurisdiction by said courts in any such action. Age Requirement All bidders must be 18 years of age or older.