Terms of Sale
- All Buyers agree that all items/lots
will be sold at auction on the day(s) advertised or announced by Centurion
Service Group, LLC. (“Centurion” or “Auctioneer”) to the highest bidder
or bidders in person or on line via a web site, for cash in accordance with customary
auction terms and conditions and more specifically subject to these Terms
of Sale (the “Auction”). To receive a
bid card and participate in the Auction, all Buyers MUST: a) make a cash
deposit of $500; or b) submit a personal or company check with a bank
letter guaranteeing unqualified payment for any purchases; or c) present a
valid credit card against which the $500 deposit will be taken (on-line
Buyers see #13 below). Auctioneers may, at their sole discretion, without
reason or notice of any kind, request an additional deposit from any Buyer
before such Buyer may continue bidding during the auction. On the day of
the Auction all purchases must be paid in full by cash, cashier's check,
certified funds or credit card made payable to Centurion. Bank wire
transfers to the account of Centurion will be accepted by prior
arrangement only. All sales at the Auction are final. The balance of
registration participation deposits are refundable after applying the same
to any purchases.
- All applicable sales, use, transfer or
excise taxes arising from sale will be charged to Buyers, and will be
added to the purchase price in accordance with local and/or state law.
- No purchases may be removed until
after conclusion of the Auction and full settlement of payment.
- Acceptance of bid by Auctioneer is a
commitment to purchase and binding on Buyer, its principals, agents,
successors and assigns. Buyers or their agent(s) must pay for, accept
delivery, and remove the items/lots purchased. Buyers are solely
responsible for packaging, loading, removing and/or shipping of the
items/lots purchased and to proceed diligently in such removal. Items/lots
must be removed within the time posted at the Auction or as announced by
the Auctioneer. If purchases are not removed within the required time
limit the purchased items/lots will be deemed abandoned, become the
exclusive property of Centurion and payment therefore, if made, will be
forfeited. If payment has not been made by the required removal time,
items/lots will be deemed abandoned, become the exclusive property of
Centurion, the Buyer’s
deposit will be applied to the payment and Buyer will be responsible to
Centurion for the entire balance of the purchase price plus
any and all direct and consequential damages and any attorneys fees and
costs incurred in collection. Interest will accrue on the balance of any
unpaid purchase price annually at the lower of: Ten Percent (10%) or the
highest interest rate allowed by law. For Buyers using credit cards, the
bid deposits charged at registration will be applied to the purchase price
and the balance will be charged to the same credit card.
- After Auction, Buyers are responsible
for checking the quantities of the items/lots purchased before check out.
No adjustments in quantities will be made after the items/lots are checked
out. Once a bid is accepted, neither Auctioneers or owners will be liable
for any loss, shortage, damage or liability arising from or as a result of
any reason whatsoever, including without limitation, negligence, any act
or omission, strikes, industrial disputes, civil disruptions, war,
terrorism, natural disaster, acts of God, and/or or any other event or
occurrence in or beyond Centurion’s or owner’s control. Buyers are
advised to pre-arrange insurance coverage of their purchases on award of
bid.
- Buyers are responsible for all risk of
loss, property damage, personal injury caused by removal, and all costs of
removal of items/lots purchased. A certificate of insurance reflecting
adequate insurance coverage, holding Auctioneers, owners and landlords
harmless against any damage must be furnished to the Auctioneer at
Auctioneer's sole discretion and request prior to such removal. Buyer's
obligations with regard to removal further include the obligation to repair
and restore any damage to the real property or permanent improvements
where the purchased items/lots are located. Buyers de-installing
items/lots purchased MUST be or use professional, experienced, qualified
de-installers and provide to Centurion a certificate of insurance or bond
in an amount of no less than One Million ($1,000,000) Dollars, prior to
performing such work.
- If, for any reason whatsoever, the
Auctioneers fail to deliver an awarded item/lot, the Auctioneer's sole
liability shall be the return of any deposit or monies paid on said
item/lot, and Buyer shall have no further claim whatsoever including
without limitation direct, indirect, consequential, exemplary or
incidental damages
- Items/lots may be offered subject to a
reserve price without notice to the bidders.
- Auctioneers may, at their sole
discretion, without reason, notice or liability of any kind, at any time
prior to or after commencement of the Auction, but prior to acceptance of
bid, alter, withdraw or vary any or all items/lots, refuse to accept any
bid or terminate bidding on any or all items/lots, or cancel the Auction
entirely. Auctioneers shall have the right at any time to offer a complete
facility or the entire balance of remaining items/lots as a single lot.
- The advances, progression, and rules
in the bidding shall be regulated at the sole discretion of the
Auctioneers. Auctioneers reserve the right not to acknowledge or accept
any bid which is merely a fractional advance over the preceding bid.
Auctioneers further reserve the right to refuse any bid for any reason. In
the event of a tie, the Auctioneer, at his sole discretion may reopen the
bidding to determine the highest bidder.
- ALL ITEMS/LOTS IN THE AUCTION ARE
PURCHASED “AS
IS” AND “WHERE IS” IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND WITH ALL
FAULTS.
All sales of items/lots are final and without any warranty, guarantee or
representation of any kind or nature whatsoever, either express or
implied, written or oral, as to the design, condition, merchantability,
fitness for any particular purpose, quality, capacity, workmanship, or
that any items/lots will satisfy the requirements of any law, rule or
regulation. It is Buyer’s sole responsibility to provide proper safety devices and
equipment or the means to meet all government safety standards or any
other laws, including any environmental protection or other public
protection laws or regulations. Buyer specifically relieves, releases,
indemnifies and holds Centurion and owners harmless, from and against any
and all responsibility, damages, claims, fines, penalties, judgments,
actions, lawsuits, and/or liability of every kind and nature, including
without limitation payment of Centurion’s attorneys fees and costs, in connection with or
as a result of any breach of Buyer’s obligations, duties or
responsibilities described herein or for violation of any provision of
these Terms of Sale or the Auction rules either posted or as announced by
Auctioneer.
In the event Centurion must enforce these Terms of Sale against Buyer in a
court of law, in addition to all other available remedies, Buyer will be
responsible for Centurion’s attorney’s fees and costs.
- Quantities, descriptions, weights,
measurements, dimensions, serial and machine numbers, year and model set
out on the items/lots in the auction brochures, catalogues, any
advertisements and/or invoices are believed to be accurate. However, the
Auctioneer’s,
owners, or advertising counsel are not responsible or liable for any
discrepancies,
inaccuracies or failure of the items/lots to correspond with any written
or verbal representation of such information made by or on behalf of
either the Auctioneers or owner, or any perceived or expected standard or
custom, or any other particulars such as the genuineness or authenticity
of any items/lots. No item/lot shall be sold or deemed sold by description
or such information and Buyer shall not be entitled to rely thereon. All
such information is given by way of identification only and no warranty,
condition, representation or guarantee is made, given or is to be implied.
The Auctioneer and/or owner are not responsible or liable for any damage
or loss (direct, indirect, consequential or otherwise) arising as a result
of any inaccuracy in respect thereof.
- Notwithstanding anything else herein
contained, ON-LINE Buyers MUST pay a $2000 deposit by credit card to
participate in the Auction. In the event of a purchase the deposit will be
applied against the purchase price and the balance, if any, will be
charged to the credit card used in the BidSpotter (or other web based
Auction site) registration process. Any on-line Buyer wanting to use a
different method of payment must contact Centurion’s offices and
make the necessary arrangements at least five (5) days prior to the
Auction.
- A Buyer’s premium of 17% of the final
sales price in effect and will be added to Buyer’s purchase price. The
Buyer’s premium may be adjusted at Centurion’s discretion according to how
the bid was placed and the purchase price was paid.
- Equipment will not be released without
a signed credit card receipt.
- In the event Centurion must enforce
these terms of sale in a court of law they shall be governed by the laws
of the State of Illinois (excepting any conflict of laws or provisions
which would serve to defeat application of Illinois substantive law). Each
of the parties to this Agreement hereby irrevocably and unconditionally:
(A) consents to submit to the exclusive jurisdiction of the courts of Cook
County, Illinois for any proceeding arising in connection with this
Agreement and each such party agrees not to commence any such proceeding
except in such courts, and (B) waives any objection to the laying of venue
of any such proceeding in the courts of Cook County, Illinois.
- These Terms of Sale may not be
changed, amended or modified except by Auctioneer, and Auctioneer may
change, amend or modify these Terms of Sale at any time in writing or
orally by announcement.