Overcash Auction Services
Terms and Conditions
Overcash Auction Services
PO Box 218 Moravian Falls, N.C. 28654
336-262-3760
General Terms and Conditions
1) All prospective buyers must be at least 18 years old and are required to register with Overcash Auction Services prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility. Announcements day of the sale take precedence over any printed material.
2) The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid and the Auctioneer declares the item is SOLD to that bidder.
3) All sales are final.
4) The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he/she represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.
5) Bidder agrees to be responsible for the payment of the purchase price, Auctioneer's fees, any applicable DMV fees, and taxes due on all of bidder's purchases.
6) The "Auction Terms and Conditions" shall be governed by and interpreted under the laws of the State of North Carolina, and any action hereunder against Auctioneer shall be commenced in the State of North Carolina.
7) All items are sold "AS IS-WHERE IS" without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions.
8) The Auction Catalog (if one was provided) has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding.
9) No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
10)Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present, heavy equipment may be operated and electric circuits may be live (power on). Every person at the auction site, at any time, shall be there at his/her own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
11) Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor.
12) Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.
13) State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale
14) A Buyers Premium will be added to the bid price of each item purchased unless otherwise noted. Specific auction items may be exempt from buyer's premium.
15) Purchaser is responsible for insuring his purchases immediately. Overcash Auction Services shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales and taxes.
16) Removal of all items shall be the sole responsibility of the purchaser. Loading assistance may be provided, if possible, as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility on the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer, at its sole discretion, may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser's failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day.
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