Auction Terms & Conditions TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!!
1. Bidder and his or her agents and employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises when attending the exhibition, sale or removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Rocky Mountain Estate Brokers Inc. (RMEB), whitleyauction.com, 24 Oaks LLC, Catherine L. Giddings and David P. Whitley from any liability and causes of action.
2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. On any new items sold with manufacturer's warranties, those warranties are between the manufacturer and Bidder. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. RMEB may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall RMEB be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. RMEB does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.
3. RMEB will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Once an item us picked up by Bidder or his or her agent, Bidder waives any further right to object to anything about the item. On items that are shipped or delivered, Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by RMEB. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was delivered or shipped to them. If RMEB agrees that the item was materially and intentionally misrepresented RMEB will refund the Bidder's purchase price to him/her. Some items may be sold "times the money". In the event that the count on a "times the money" item is found to be incorrect, RMEB will adjust Bidder's final hammer price based on the accurate count. No adjustment will be made on bulk or "one money" lots. Bidder agrees that under no circumstances whatsoever will RMEB ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.
4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. RMEB reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's bids at any time. Everything MUST be paid for in full by 6:00 PM the day after the auction. All internet Bidders agree to pay a buyer's premium equal to Eighteen and One Half Percent (18.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $18.50 for a total purchase price of $118.50. Under state law, sales tax will be collected on the entire amount. There is a 3.5% discount for cash payments THE DAY AFTER THE AUCTION ONLY. Bidder herby grants RMEB the authority to charge his or her credit card on file the full amount due for Bidder's purchases or partial amounts at any time until Bidder's invoice is paid in full.
5. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives.
6. If firearms are sold, all Federal and Colorado laws and regulations will be followed. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There is a commission charge of 25% charged to resell any firearm(s) that has to be returned due to a buyer's local law. In the event that a buyer is unable to take legal delivery of any firearm(s) he or she will return the firearm(s) to RMEB and hereby engages RMEB to resell the firearm(s) at absolute auction with a commission charge of 25%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine. Bid accordingly and let your legislators know how you feel.
7. RMEB is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against RMEB or anyone else if the internet service fails to work correctly before or during the auction closing time. RMEB will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. RMEB reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, RMEB reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by RMEB and Bidder receives an invoice. RMEB reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.
8. The bids are advanced at pre-set increments available on the bidding web page which may be changed at any time in RMEB's sole discretion. RMEB may accept items with secret reserves prices. The seller and RMEB reserve the right to bid on behalf of the seller on items on which there may be a reserve price. RMEB may reject or cancel any bid for any reason. The record of the auction made by RMEB shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including RMEB owners, family members and employees.
9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY THE DAY FOLLOWING THE AUCTION AT 4:00 PM UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH RMEB OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND THE ITEMS MAY BE FORFEITED WITH NO REFUNDS. There is a minimum charge of $200.00 to open the property at any other time. Bidders should arrange to pick up their purchases within this time. RMEB or a professional shipping company may ship merchandise not picked up. Bidder hereby grants any shipper of RMEB's choosing the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against RMEB and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed by the above date.
10. If a check accepted by RMEB is returned for any reason, Bidder agrees that RMEB may re-present it in person or electronically and collect the full amount of the check as well as the highest service charges and fees allowed under Colorado law. Any amount left unpaid shall accrue interest at the highest rate allowed under Colorado state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify RMEB against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to RMEB. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored.
11. RMEB may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that RMEB may share information about Bidder's non-payment of auction invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification RMEB may request including but not limited to: driver's license, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
12. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Weld County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.
13. By registering for this auction you agree to be added to RMEB's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording is being made at all auction exhibitions and removal events. Bidder hereby agrees that RMEB may use Bidder's likeness, recorded at these events, for any purpose. We hope you enjoy our auction and are able to make many advantageous purchases.
Seller User Terms
Bidder User Terms