ALL BIDDERS MUST READ TERMS & CONDITIONS PRIOR TO BIDDING!
As part of the registration process, Bidders must carefully read and agree to our Online Auction Terms and Conditions. Bidders are responsible for understanding all elements of our Terms and Conditions before placing a bid to ensure a thorough understanding of the auction process and the "as is/where is" nature of the vehicles available for purchase through our services, as well as all "payment" and "pickup" policies.
These terms and conditions shall govern the online auction.
BIDDER TERMS AND CONDITIONS
These terms and conditions shall govern all online auctions provided by 422 Sales (“Online Auctions”). All buyers who participate in the Online Auctions (“Bidders”) agree that they have read and understand the terms and conditions here stated and agree to be bound by them. All Bidders are required to register to bid on the Online Auction site. All Bidders must be 21 years of age or older. All information provided by Bidders must be accurate, complete and current. All Bidders are responsible to provide any updates or changes.
A one-time $20.00 registration fee is due when a Bidder registers for a bidder number. This fee will be charged to Bidder’s credit card at the time of registration and before Bidder’s bidder number is activated. Once activated, the bidder number will be emailed to Bidder. This will be Bidder’s permanent online bidder number. 422 Sales reserves the right to waive or change this fee at any time.
Bidder hereby acknowledges that when a bid is placed for an item(s) in any Online Auction conducted by 422 Sales that Bidder is entering into a Contractual Agreement with the owner/seller of said item(s) (“Owner/Seller”). Bidder agrees that he/she will be Legally Obligated to purchase the item(s) bid on. Bidder agrees that Bidder will not bid if not fully prepared to fulfill the purchase obligation with no exceptions. Bidder agrees that any bid constitutes an offer to purchase the item(s) bid upon. Bidder agrees not to withdraw or seek to modify the purchase offer for any reason. 422 Sales is obligated to charge the Bidder's credit card the full "Buyer's Fee" if the Bidder fails to make payment for any reason.
The descriptions in the pre-auction advertising are believed to be correct as presented by the Owner/Seller. However, 422 Sales is in no way responsible for the information provided in its correctness, authenticity, or defects. ALL SALES ARE "AS IS" "WHERE IS" AND FINAL. NO WARRANTY IS EXPRESSED OR IMPLIED IN ANY MANNER. Bidder hereby acknowledges that item(s) were made available prior to and/or during said auction for inspection. BIDDER IS STRONGLY ADVISED TO INSPECT ALL ITEM(S) PRIOR TO BIDDING. Bidder relies solely on personal inspection and not on information provided on the site by 422 Sales online or by Owner/Seller. It is Bidder's responsibility to be fully informed. Failure to be fully informed, or to inspect sale items, will not constitute grounds for any claim, adjustment or refund against 422 Sales or Owner/Seller.
ALL PROPERTY IS BEING OFFERED AND SOLD IN "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER 422 SALES NOR OWNER/SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, OR ANY OTHER ASPECT, CHARACTERISTIC OR QUALITY OF THE PROPERTY.
NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER OR CALLING AUCTIONEER, SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY 422 SALES OR OWNER/SELLER REGARDING THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BIDDER AGREES THAT BIDDER CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY OWNER/SELLER OR ANYONE ACTING AS AGENT OF OWNER/SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY.
Vehicle Condition and Repairs:
All invoices must be paid via cash, cashier's check or wired funds within 4 business days of receiving the invoice. Except as provided in the note below, a buyer's premium of 12% of any Online Auction purchases will be added to the closing bid price of any item (“Buyer’s Fee”). 422 Sales reserves the right to collect this fee for up to 90 days after the close of the auction. The Buyer’s Fee will be billed to Bidder if Bidder makes a purchase agreement after the close of an auction in which the units listed did not meet the reserve, but were subsequently purchased by said online bidder within 90 days after the close of the auction.
*Note: Should the bidder not pay in full within the requisite 4 business days, the buyer's premium will be increased for late payment. If invoice is paid on business day 5 or 6 after receiving the invoice, the buyer's premium will be increased from 12% to 17%. 422 Sales reserves the right to charge the winning Bidder's credit card a 21% "Buyer's Fee" if the winning Bidder has failed to make payment at the end of business day 6.
If Bidder fails to pay the Buyer’s Fee, 422 Sales will bill said 17% fee to the Owner/Seller. Owner/Sellers are advised that once units are listed for auction, they may not be removed once there is bidding activity, except in rare circumstances and must be approved by Auctioneer. A unit that does not have bidding activity can be removed at the request of the Seller, but only for reason of mechanical or title problems.
ALL STATE AND LOCAL SALES TAXES WILL BE CHARGED ON NON-TITLED EQUIPMENT WHERE APPLICABLE AND WILL BE IN ADDITION TO THE BUYER'S FEE UNLESS A VALID TAX EXEMPT CERTIFICATE IS PROVIDED.
All payments must be made to 422 Sales directly and within 4 business days after high bidder receives email notice of Owner/Seller's acceptance during Negotiation Period, or reserve was met during the Online Auction. An invoice will be generated in the name and address listed on Bidder’s account.
Payment shall be made as follows via:
(1) Cashier's check – made payable to 422 Sales*;
(2) Cash paid at the 422 Sales location*;
(3) Wire transfer*;
(4) Credit Card & PayPal **Please add 4% to the TOTAL AMOUNT due** (TOTAL AMOUNT DUE = Bid Price + Buyer's Fee)*;
*If payment is not completed by the end of the 6th business day, 422 Sales will charge the winning bidders credit card a 21% "Buyer's Fee" and may lose bidding privileges.
Payment instructions are emailed once purchases have been invoiced. Should you need another copy, please call for wire transfer instructions. Should you choose to ship Payment, a package Tracking Number must be provided to the Online Auction Team. The shipping address is as follows:
190 Fisher Road
Slippery Rock, PA 16057
A PAID RECEIPT SHALL BE REQUIRED TO PICK UP ALL ITEMS. ALL PICKUPS MUST BE SCHEDULED WITH THE 422 ONLINE AUCTION TEAM IN ADVANCE.
Pick-up of Items:
Bidder agrees to remove all purchased items from location within the specified time stated in each auction. Under no circumstances will any item be released prior to receipt of payment in full. We reserve the right not to release any unit if there is any type of unpaid account balance (including without limitation vehicle purchase price, buyer's premium, storage fees, late payment penalty, wire charge fees, and other applicable fees related to this vehicle or otherwise) or are otherwise in violation of our 422 Online Auction Terms and Conditions.
All items remaining after the final pick up date are subject to a minimum daily storage charge of $25 per day/per item. If any unit is not picked up within 10 business days of the published pickup deadline (regardless of payment status), Bidder acknowledges and agrees that we may (in our sole and absolute discretion) declare the unit ABANDONED.
Any property (i) not paid in full, or (ii) not removed as provided under these Bidder Terms and Conditions will be considered abandoned and may be offered for sale at a later auction or subject to other disposition including retention by 422 Sales. Any payments made by or on behalf of Bidder are non-refundable, and each Bidder shall remain responsible for the full purchase price of all Lots Struck Off to such Bidder. Violation of these terms will result in immediate suspension and or deletion of Bidder’s Bidder Registration. A $500 reinstatement fee will be charged to reactivate any Bidder Registration that has been suspended or deleted.
RISK OF LOSS:
Risk of loss passes to the Bidder as item(s) are Knocked-Down at the Online Auction. Neither 422 Sales, nor seller Owner/Seller, shall be liable for loss or damage to item(s) after it is Knocked-Down.
Merchandise becomes Bidder’s responsibility at the time Bidder or Bidder’s agent takes possession and Bidder assumes all risk and liability at that time. All removal/transport arrangements and expenses are Bidder’s responsibility. Bidder understands that neither 422 Sales, nor Owner/Seller,assist, is in any way be responsible for delivery or transport of purchased items.
Bidder agrees to indemnify and hold 422 Sales and Owner/Seller harmless from any current or future claim regarding the Online Auction or the item(s) purchased, including, without being limited to: fitness, use, damage, safety, or injuries to persons or property.
Bidder shall not offer to enter into a Private Sale for the purchase of all or any portion of the item(s) prior to or during the Online Auction. Also 90 days after the close of the online auction.
Bid pooling occurs when bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price of items offered at auction. BID POOLING lS A FELONY. Anyone caught participating in bid pooling will be referred to law enforcement for prosecution to the fullest extent of the law.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES:
Bidder acknowledges and agrees that 422 Sales shall not, under any circumstance, be liable for incidental or consequential damages, including without being limited to: lost profits, reduced productivity, or travel expense.
Governing Law, Jurisdiction, Venue:
These Bidder Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other manors between the parties shall be brought in the state or federal courts sitting in and for Butler County, Pennsylvania, which courts shall have exclusive jurisdiction, and shall be the exclusive venue, for any and all such claims, disputes, and other manors.
By submitting a Bidder Registration and accepting a Bidder Number each Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms and Conditions, or the transactions contemplated hereby, shall be brought in the state or federal courts sitting in and for Butler County, Pennsylvania; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non convenes.
Were applicable – All titles will be filled out in the name and address of the Bidder and all titles endorsed. Under no circumstances will an open title be issued. 422 Sales is acting as an independent contractor for Owner/Seller and is not responsible for statements made by Owner/Seller or third parties. All information gathered from bidders and/or Owner/Seller is for the sole purpose of conducting online auctions. 422 Sales does not sell this information.
422 Sales Online Auctions have an auto extend feature. If bidding occurs within the last 1-2 minutes, the auction will automatically extend to allow all bidders a chance to bid. As long as there is active bidding, it will continue to extend.
Bidder hereby acknowledges that he/she understands that the Online Auction is conducted through an electronic medium and as such 422 Sales cannot be held responsible for hardware or software failure. 422 Sales will not be responsible for any interruption in service, errors, and/or omissions, caused by any means. 422 Sales does not guarantee continual, uninterrupted or error free services or use of the Online Auction site. While every reasonable effort will be made to maintain the site, Bidder acknowledges and agrees that a malfunction can occur without warning. Should such malfunction occur, Bidder agrees that 422 Sales shall not be held liable for any loss incurred.
422 Sales reserves the right - at its sole discretion - to void sale, suspend bidding, or to reschedule any item(s) affected by said malfunction. The decisions made by 422 Sales are final.
422 Auction Services - Mathies & Sons, Inc.
190 Fisher Road
Slippery Rock PA 16057