PLEASE DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE.
METHOD OF SALE: All equipment is being sold at live, online or live and online auction. ALL LOTS SELL STRICTLY 'AS IS' with all faults, no warranties given or implied. A catalog is provided for bidder's convenience and all equipment, or other assets in the auction are referred to as a 'lot'. When the condition of a lot is described, it is based on information provided to us by the seller, but is not an implied warranty. You are encouraged to inspect all assets prior to bidding and buying at auction. You are responsible for determining the condition of all assets. You must take possession only after full payment is made to the auction company. Information believed to be correct but cannot be guaranteed. Auction is subject to additions & deletions without notice. Announcements day of sale take precedence over all written materials.
TYPE OF AUCTION: The auction is being conducted at absolute auction without reserve with the following except: 1999 FORD F-250 SUPER DUTY; 1993 FORD F-SUPER DUTY TURBO DIESEL; 2000 BLAZER LT and 1995 Indy Monto Carlo Pace Car are being sold with reserve prices.
CATALOG: Equipment and other assets are referred to a 'lot' or 'lots' and by number. The auction catalog is subject to additions and deletions without prior notice. The auction company is not responsible for accuracy of descriptions including, but not limited to, make, model, horsepower, MPG, serial numbers, engine type, color, condition or mileage. Information believed to be correct but cannot be guaranteed. Auction is subject to additions & deletions without notice. Announcements day of sale take precedence over all written materials.
ON SITE PAYMENT: Terms of Payment are cash, cashier's checks, or checks accompanied by an IRREVOCABLE BANK LETTER OR GUARANTEE as specified by the auction company. Credit Cards (VISA and MASTER CARD ONLY): 13% buyer’s premium applies to all live purchases. 3% discount on Cash; check with bank letter and certified funds. Bank letter must be an original on bank letterhead stating the name of the bank and 'We hereby guarantee the payment of our customer (your name) on account # (your account number) written up to the amount of $dollars (the amount the bank approves you for) for purchases made at auction. SEE SAMPLE BANK LETTER. Virginia sales tax applies.
TAXES: Buyers are responsible for any taxes due by Virginia or federal law.
ALL SALES FINAL: No claims can be made after the auction as no refunds are given. All sales are final.
RECORDS: The records of the bookkeeper are final in case of a misunderstanding over the bid price.
CURRENCY: All payments must be in U. S. currency. Payments unpaid or late will result in the account being turned over to a collections agency and bidder being barred from participating in future auction events.
QUALIFIED BIDDERS: Qualified Bidders must register with the auction company prior to bidding and agree to all announced and posted terms and conditions of sale.'Auctioneer reserves the right to refuse to register any prospective bidder for any reason, or to require a cash deposit from a prospective bidder of an amount designated by Auctioneer and paid in advance by the prospective bidder to Auctioneer. Such deposit will be applied to any purchases made at the auction by the prospective bidder. At the end of the auction, Auctioneer will refund any portion of this deposit that has not been applied to purchases. Furthermore, Auctioneer will require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the laws.'
REMOVAL: Removal and checkout must be completed by the dates and times specified. Buyers may pick up Monday, August 5, 2013 through Wednesday, August 7, 2013 between the hours of 8:00 am and 4:00 pm. Buyers are responsible for all removal, loading, moving and hauling all purchases. If you do not remove your purchases by the specified times, August 7, 2013 at 4:00 pm; it is assumed that you are forfeiting back to the seller all purchases and assets without any refund to you whatsoever. Equipment must be paid for in full prior to removal. Drivers are required to have paid receipt for load out. No Exceptions! Rogers Realty & Auction Co will not provide loading or transportation. Buyer is responsible for all costs for loading and transportation.
TITLES: Titles will be made out as bidder indicated to Auction Company at the time of registration and will not be given to the buyer on site. Titles will be mailed within 14 days of the auction date.
BUYER ACKNOWLEDGEMENT: Buyer acknowledges that he/she has read, understands, and will abide by all terms and conditions of sale.
ONLINE BIDDING TERMS:
You must register in advance by clicking on Register to Bid. You must be pre-approved before you receive a bidder number. The auction company may refuse to register anyone at its sole discretion. The auction company provides online bidding as a convenience for those that cannot attend. The auction company will not be liable for any faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure for any online bids that are not relayed on time to the auction company. Buyers are encouraged to register at least 12 hours prior to auction.
ONLINE EQUIPMENT BIDDING: The auction company reserves the right to reclaim and resale any assets not paid for by the online buyer. Should the resale price be lower than the defaulted buyer’s price, Auction Company reserves the right to seek the difference from the initial online buyer. All fees for collection, court fees, or attorney fees will be the responsibility of the original buyer that caused the default. All sales are final. No refunds are given. Everything sells strictly 'AS IS'.
ONLINE BUYER'S PREMIUM: An 18% Buyers Premium will apply to all online bids. 3% discount for payments made by wire transfer, cash or guaranteed bank check delivered by Monday, August 5, 2013 no later than 12:00 pm. (VISA/ MASTER CARD Accepted). Virginia sales tax applies.
PAYMENT: Terms of Payment for online payments are accepted by Wire Transfer and Credit Cards (VISA / MASTER CARD). For wiring instructions call 336-789-2926. All successful online buyers must be available at the conclusion of the sale to make payment arrangements. All wire transfers must be scheduled with your bank on Monday, August 5, 2013 before 12PM EST to insure payment is transferred to Rogers Realty & Auction Trust Account by Tuesday August 6, 2013. After 48 hrs Credit Card on file at the time of registration will be charged if payment arrangements have not been otherwise made. Virginia sales tax applies.
TAXES: Buyers are responsible for any taxes due by Virginia or federal law.
DISPUTES: Any disputes that arise between the auction company, the seller, the seller's agents and the buyer will be dealt with by arbitration in Surry County, North Carolina.
Uniform Commercial Code: Section 2-328 of the UCC provides federal law regarding a sale by auction. The code reads that a sale by auction is complete when the auctioneer so announces by the fall of hammer or in other customary manner. A bid is a legal binding contract between the bidder and auctioneer. Reopening a bid is at the sole discretion of the auctioneer. Failure to complete a payment in good faith, stopping payment on checks or refusing to pay for goods or assets purchased at the auction may result in legal action against the buyer.
DISCLAIMER: The auction company provides data on lots by catalog and advertising that is believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections and due diligence prior to bidding. Everything sells strictly AS IS. The auction company makes every effort to describe all lots, equipment and assets to the best of its ability but there are no guarantees as to the condition, quantity, condition, age, color, or value of the lots, merchandise, rolling stock or equipment sold online. Buyer agrees that buyer may not cancel purchase for any reason.
Hillsville, VA: From traffic light at Burger King, go East on 221/58 for 2.6 miles; merge onto US 58 East via the ramp on the left; go 17.1 miles; go right onto Jeb Stuart Highway; go 1.4 miles to 2934 on the right. Sign Posted.