Auction Terms & Conditions TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you (“you” or “Bidder”) agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the website and physical auction 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. All persons attending the exhibition, sale or removal of merchandise and property (collectively, “Merchandise”) assume all risks of damage to person or property and specifically release and indemnify Rocky Mountain Estate Brokers Inc. (“RMEB”), whitleyauction.com, David P. Whitley, Powdr Corp. (“PC”) and Human Movement Inc. (“HMM” and, together with PC, “Powdr”) from any and all liability.
2. Bidder agrees that all Merchandise is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. RMEB and Powdr bear no responsibility to any Bidder, buyer or any subsequent buyers or users in regards to the use, application, storage or any other foreseen or unforeseen circumstance associated with the Merchandise, including the use thereof. Merchandise is open to thorough public inspection. Bidders who choose not to attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. RMEB may attempt to describe the Merchandise in advertising and in the internet catalog but makes no representations. In no event shall RMEB or Powdr be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose and RMEB and Powdr explicitly disclaim all warranties, whether expressed or implied, including but not limited to, any warranty as to the condition of the Merchandise 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. There are no refunds for any reason. 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. Bidder agrees that he or she may not return any item Bidder purchases for any reason except 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 Bidder’s expense and in the same condition it was shipped to Bidder. If RMEB agrees that the item was materially and intentionally misrepresented, RMEB will refund the Bidder's purchase price to him/her. Bidder agrees RMEB will never be liable to him or her under any circumstances whatsoever, for whatever reason for any amount greater than the purchase price of the item he or she purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID.
3. 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. Bidder assumes full responsibility for the Merchandise when he or she is declared the winner. Everything MUST be paid for in full by 3:00 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.
4. 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 TOW-AWAY unless stated otherwise in the item description. 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. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where Bidder lives.
5. 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.
6. RMEB is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction ending. 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 live auction. RMEB will not be responsible for any missed 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.
7. RMEB reserves the right to withdraw, correct errors in quantity or description or re-catalog items in this auction at any time. In the event that a catalog photo and the written description do not match the written description shall prevail or RMEB may void the sale. In the event of any software problem, mistake or other issue, RMEB reserves the right to extend the closing times, 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.
7. The bids are advanced at pre-set increments available on the bidding web page. From time to time 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. 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.
8. 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 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.
9. All Merchandise 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 3:00 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 CHARGE OF $200.00 TO OPEN THIS PROPERTY AT ANY OTHER TIME. Internet bidders should arrange to pick up their purchases within this time. RMEB may help Bidder arrange for shipping but is under no obligation to do so. A professional shipping company is available to pick up, pack and ship your purchases AT YOUR COST. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. In the event that Bidder does not arrange and pay for pick up, packing and shipping, Bidder shall have no claim against RMEB or Powdr and will forfeit the Merchandise with no refunds. Bidder agrees that any Merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds.
10. 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. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between RMEB and Bidder, Bidder agrees to settle the dispute through a bench trial with a Judge and no jury in Weld County, Colorado.
11. RMEB may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification RMEB may request including but not limited to: drivers license or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.