A2C Auctions LLC, Online Consignment Auction – General Terms of Service
NOTICE: ALL BIDDERS AND OTHER PERSONS ATTENDING AUCTION SALES AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS AND AGREE TO BE BOUND THEREBY.
How to Register
To register, log in to www.bidspotter.com and search for the auction you wish to participate in (Control + F). Once you locate the auction, click the “Sign Up” button. If you have registered with BidSpotter in the past, enter your username and password. If you have never used BidSpotter, click on the ‘Register’ button. Enter the required contact information, select a username and password, and submit the form. You will receive an email confirmation of your registration for the auction with your bidder paddle number. You will also receive an approval email from the auction house once approved. On the date of the auction, log in to BidSpotter with your username and password. You will be able to view a photo of each lot while listening to the live audio (if available). Bidders are recommended to register 48 hours prior to the sale to avoid any issues that may occur.Payment
Items must be paid in full upon receipt of invoice. A2C Auctions LLC, acting solely as a marketplace facilitator, facilitates payments and collections on behalf of buyers and sellers and does not take title to any equipment. A2C Auctions LLC, in its sole discretion, will impose a buyer's premium ("Buyer's Premium") on any goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. A2C Auctions LLC shall charge and collect from each successful bidder a buyer’s premium for each sale at the auction, in addition to the purchase price, on behalf of the seller. Rates may vary depending on the auction. A BUYER'S PREMIUM OF 14.5% FOR ON-LINE BIDDERS WILL BE APPLIED TO YOUR INVOICE IN ADDITION TO THE SALES PRICE. SALES TAX WILL BE CHARGED ON THE TOTAL PURCHASE PRICE OF AN ITEM, WHICH INCLUDES THE BUYER’S PREMIUM. THE BUYERS PREMIUM MAY CHANGE WITH EACH INDIVIDUAL AUCTION. ALWAYS REFER TO THE INDIVIDUAL TERMS WITH EACH OF OUR AUCTIONS. Business and personal checks will not be accepted without a letter of guarantee from your bank. No merchandise will be released until the invoice is fully paid. All funds are collected on behalf of the seller, with A2C Auctions LLC acting solely as a marketplace facilitator and not as a middleman taking title in the transaction.Taxes
Prices may not include any federal, state, or local taxes, which are in addition to the purchase price and must be paid by Purchaser. SALES TAX WILL BE CHARGED ON THE TOTAL PURCHASE PRICE OF AN ITEM, WHICH INCLUDES THE BUYER’S PREMIUM. Sales tax is calculated after the auction has ended, based on the location of the lot, on a per lot basis. ANY COMPANIES WHO ARE EXEMPT FROM SALES TAX MUST CONTACT US TO GET PROPER PAPERWORK ON FILE, OR THEY ARE RESPONSIBLE THEMSELVES FOR FILING FOR A REFUND WITH THE RESPECTIVE STATE THAT THE LOT IS LOCATED IN. Otherwise, Purchaser MUST furnish a tax exemption certificate; any sales, use, excise, or other similar tax, where applicable, shall also be the responsibility of Purchaser and may, at the election of A2C Auctions LLC, be added to the quoted purchase price and invoiced by A2C Auctions LLC to Purchaser on behalf of the seller. The failure of A2C Auctions LLC to invoice such taxes does not excuse the Purchaser from responsibility for paying same. When a sale is in a state other than the State of Illinois, there will be specific information relative to the sales tax rates and any exemption to the specific auction sale and will be posted with each individual auction sale on our website.Removal
Each auction item will have specific information relative to the times of removal. All items must be off the premises by the specified time and date listed. All items remaining after the specified time will be considered abandoned.Liability
Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk, and liability of the Purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed but shall have the option to remove and store at the expense and risk of the Purchaser any article purchased, but not paid for and removed within the time aforesaid. A certificate of insurance may be required for all riggers and should be presented to the seller at the pick-up location when required. If you intend to do your own rigging and use a powered vehicle in the process, you must have a certificate of insurance. Contact A2C Auctions LLC for insurance requirements for specific auction. If you can move your purchases by hand or with a non-powered item, such as a cart, you do not need to present us with a certificate of insurance. A2C Auctions LLC is not a rigging company and therefore will not be able to help with any rigging.Manner of Payment
All checks for deposit and balances due shall be payable to the order of A2C Auctions LLC, acting as a marketplace facilitator on behalf of the seller. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods.Issuance of Receipt
Titles relative to titled assets purchased will be mailed to the Purchaser’s address on file after payment has been received and cleared.Condition of Articles Sold
Neither the Auctioneer nor the Seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. We do not inspect or verify any of the lots in the auction and make no guarantees about the condition or safety of the seller's machinery. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction allowed on damaged articles, all articles being exposed for public exhibition, and sold "as is" and without recourse. Articles are not warranted as merchantable or fit for any particular purpose, and no claim may be made by Purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising therefrom. All information provided by A2C Auctions LLC to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, A2C Auctions LLC shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods. A2C Auctions LLC does not take title to any equipment.Safety Devices
Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is Purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.Indemnification
Purchaser shall defend and indemnify and hold Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition of, removal of, 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, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. This indemnification shall survive delivery of the articles to Purchaser and any subsequent sale or other transfer of the goods to a third party. Buyers agree they will defend, indemnify and hold harmless A2C Auctions LLC, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities, judgments, fees and expenses incurred by A2C Auctions LLC, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of A2C Auctions LLC Services and Websites.Claims
No claims will be allowed after removal of goods from premises or left on premises past allowed time limit.Responsibility for Non-Delivery
Neither the Auctioneer nor the Seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any Purchaser of any lot, other than for the return to the Purchaser of the deposit or sum paid on said lot, should the Purchaser be entitled thereto. A2C Auctions LLC reserves the right to withdraw or sell any assets contained in an auction prior to or succeeding the stated auction period without notification. A2C Auctions LLC reserves the right to temporarily or permanently end an auction during the stated auction period or extend an auction without notification. If for any reason A2C Auctions LLC is unable to deliver any Goods purchased by Buyer, A2C Auctions LLC sole liability shall be to return all sums paid by Buyer to A2C Auctions LLC in respect of such Goods.Compliance with Terms of Sale
Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT BUYER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. A2C Auctions LLC will re-market and re-sell this property. IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME THEREIN SPECIFIED, THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. If the buyer backs out after winning the bid, a cancellation fee of 24.5% of the purchase price will be charged to the defaulting purchaser, regardless of whether the item is resold. LOTS NOT PAID FOR AND REMOVED WITHIN THE TIME ALLOWED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE, AND ANY DEFICIENCY, TOGETHER WITH ALL EXPENSES AND CHARGES OF RESALE INCLUDING LEGAL FEES, WILL BE CHARGED TO THE DEFAULTING PURCHASER. If the Buyer fails to comply with any of the Terms, A2C Auctions LLC shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, A2C Auctions LLC may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by A2C Auctions LLC (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of A2C Auctions LLC rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.Risk to Person and Property
Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer and Seller from liability therefore. Neither the Auctioneer nor his Principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.Addition to or Withdrawal from Sale
The Auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also 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 Auctioneer reserves the right to sell all the property listed, in bulk.Bidding
The Auctioneer reserves the right to reject any and all bids. All items have a reserve, whether or not explicitly stated. A2C Auctions LLC, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction. A2C Auctions LLC reserves the right to confirm or reject the final bid. On lots upon which there is a reserve, as the auction house, we reserve the right to bid on lots up until the reserve price. A2C Auctions LLC, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. A2C Auctions LLC reserves the right to deny the usage and access by any person or third party of any and all A2C Auctions LLC Services and Websites without notification. A2C Auctions LLC, in its sole discretion, shall control all bidding increments and advances at any auction. A2C Auctions LLC reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that A2C Auctions LLC believes was made illegally or in bad faith. In the event of a dispute among bidders, A2C Auctions LLC may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing. No Collusion. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers are forbidden. Buyers agree they will not place bids under false names or Buyer Information.Records
The record of sale kept by the Auctioneer and Bookkeeper will be taken as final in the event of any dispute.Independent Contractor
The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. A2C Auctions LLC shall be acting as an agent only and shall have no liability whatsoever for the acts of any owner/principal.Governing Law
All invoices and these Terms and Conditions shall be construed according to the laws of the State of Illinois. A2C Auctions LLC reserves the right to amend any and all of the Terms and Agreements stated herein at any time without notification at A2C Auctions LLC sole discretion. It is the Buyers responsibility to read and review the Terms and Conditions for each sale. A2C Auctions LLC provides the Terms and Conditions through its Websites.Force Majeure
Auctioneer shall not be deemed in default with respect to the performance of any of the terms, if otherwise is unable to fulfill its obligations hereunder due to or because of any: (a) strike or lockout; (b) civil commotion, war-like operation, invasion, rebellion, terrorist act, hostilities, military or usurped power, sabotage, or acts of governmental; (c) flu, epidemic, serious illness or plagues, disease, emergency or outbreak; (d) widespread power failure or internet disruption; or (e) hurricane, tornado, flood, mudslide, fire, act of God, or any other cause that is beyond the control of Auctioneer.Software and Website Disclaimers
A2C Auctions LLC cannot take responsibility for any losses incurred due to auction software or website malfunction. A2C Auctions LLC will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability or disruption with auction software functionality. Under no circumstances, including negligence, shall A2C Auctions LLC be liable for any direct, indirect, incidental, punitive or consequential damages that may result from the use or inability to use A2C Auctions LLC auction software. A2C Auctions LLC does not guarantee compatibility of auction software functionality on any device or browser. Buyers hereby release and waive any and all claims and/or liability against A2C Auctions LLC arising from or in connection with the use of auction software. Buyers acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network. A2C Auctions LLC cannot and does not guarantee continuous, uninterrupted or secure access to Online bidding service provider or that Bidder information, including auction registration and bids, will be transmitted or received in a timely fashion. You agree to hold A2C Auctions LLC harmless for any interruptions in Online Bidding services or our website, or your inability to reach or effectively use online bidding service provider. IN NO EVENT SHALL A2C Auctions LLC BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ONLINE BIDDING. All content, functions, materials, services and information made available on or accessed through online bidding providers, are provided on an “As Is Where Is” Basis without representations or warranties of any kind whatsoever, expressed or implied, including without limitation, non-infringement or fitness for a particular purpose. A2C Auctions LLC Does Not Warrant that the service or functions, features or content contained, made available on or accessed through online bidding providers, including without limitation any third-party software, products or other materials used in connection with online bidding services, will be timely, secure, uninterrupted or error free, or that defects will be corrected. A2C Auctions LLC makes no warranty that online bidding providers will meet your requirements. If you are dissatisfied with the online bidding providers, your sole remedy is to discontinue using the online bidding provider. No advice or information, whether oral or written, obtained by you from A2C Auctions LLC or through the online bidding provider shall create any warranty not expressly made in the agreement.