ONLINE AUCTION TERMS AND CONDITIONS
The following terms and conditions apply to all AuctionWatertown Online auctions. Additional terms and conditions applicable to specific auctions are included on the auction site for the specific auction. In consideration of the opportunity to bid at a AuctionWatertown online auction, and when you bid at a AuctionWatertown online auction, you, as bidder and/or Buyer as defined herein, are agreeing to these terms and conditions and the terms and conditions of the specific auction.
In cases where the general site terms are in conflict with the individual auction terms, individual auction terms will apply. We try to review our auction terms for accuracy but in the event conflicting information is given within an individual auction's terms ie two rates listed for a service, the higher rate will apply.
1. Auctionwatertown.com's Role in Auction. On contracted auctions, AuctionWatertown is acting as agent of the seller in an online auction and is not responsible for acts omissions or representation of the seller or any of the seller's principals, officers, directors, employees or other agents., AuctionWatertown is providing a venue only and is not a party to the actual transaction between buyer and affiliate and/or seller and affiliate.
2. Auction Close. Online auctions shall close on the date and time identified on the specific auction site. The time listed as the closing time is when the closing process begins. All active items will remain open until no bids have been received for five minutes following the close of an online auction. AuctionWatertown reserves the right to modify Exact Start Time of Beginning of Auction Closing and rate of items closing per minute at its discretion on evenings with multiple auctions closing.
3. Contract and Payment. By placing a bid on an item, the bidder represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the buyer's premium and any applicable taxes. A legally binding contract between a bidder, on the one hand, and AuctionWatertown and seller, on the other hand, is formed when a bidder makes the highest bid and the online auction is closed. All sales are final; a bidder may not cancel a bid after the auction closes. When the auction closes, the highest bidder (referred to herein as "Buyer") shall pay for the item purchased by the date and time identified for removal on the specific auction site. If AuctionWatertown determines that the highest bid was not a bona fide bid, the item will not automatically go to the second highest bidder. If Buyer does not pay for and remove an item within the applicable removal period, AuctionWatertown may resell the item without notice. If an item is resold for an amount less than the original, highest successful bid, Buyer is obligated to pay the difference. If full payment is not made by the end of the applicable removal period, Buyer's bidding privileges as to any other AuctionWatertown auctions may be suspended. Buyer's bidding privileges might not be reinstated until AuctionWatertown invoice has been paid in full, regardless of whether an item has been resold.
4. Transfer of Title and Risk of Loss. Title to items passes to Buyer when full payment for all items has been received and all items have been removed from auctionwatertowns warehouse or other removal location. Upon removal of an item from auctionwatertowns warehouse or other removal location by Buyer or Buyer's agent, or by AuctionWatertown at Buyer's direction, risk of loss shall pass to Buyer.
5. Buyer's Premium. Except for sales of real property, Buyer shall pay to AuctionWatertown a buyer's premium of 10%. For example, if the successful bid is $100.00, Buyer will be invoiced for $110.00. The buyer's premium is not negotiable and is payable by all Buyers. Credit card buyer's will pay an additional 3% for processing fees.
6. Sales Tax. If an item is subject to sales tax, AuctionWatertown shall collect sales tax at the time of payment. Tax shall be calculated based on the successful bid price plus the buyer's premium.
7. Condition and Value of Items. ALL ITEMS ARE SOLD "AS IS", "WHERE IS", WITH NO WARRANTIES, EXPRESS OR IMPLIED. ILLUSTRATIONS, PICTURES OR VIDEOS POSTED ON AuctionWatertown WEBSITE ARE FOR IDENTIFICATION PURPOSES ONLY AND ARE NOT WARRANTIES OF ANY TYPE. BUYER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF ITEMS PRIOR TO BIDDING AND RELIES SOLELY ON ITS OWN INSPECTION AS TO THE CONDITION AND VALUE OF ITEMS. BUYER WAIVES ANY AND ALL CLAIMS AGAINST AuctionWatertown AND SELLER BASED ON THE CONDITION OR VALUE OF ITEMS.
8. Shipping and Handling. Buyer shall be solely responsible for the removal and/ or shipping of all items and all costs related thereto. Buyer shall arrange with a third-party of Buyer's selection to have items picked up or shipped by the date and time identified for removal on the specific auction site.
9. Buyer's Responsibilities and Conduct. Buyer shall be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and, in particular, to AuctionWatertown premises or other removal site) in removing the items it has purchased. Should AuctionWatertown consider such damage likely to occur, it may require Buyer to deposit such sum of money with auctionwatertown, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of an item, as AuctionWatertown may require. Should Buyer refuse to deposit such monies, AuctionWatertown may refuse Buyer access to AuctionWatertown premises or other removal site for the purpose of collecting all or any of the items it has purchased, or rescind the sale of such items.
10. Indemnification. Buyer indemnifies and holds harmless auctionwatertown, its directors, officers, employees and agents against any damage or loss which Buyer, AuctionWatertown or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item
11. Descriptions are deemed accurate but are not guaranteed. Always Inspect prior to bidding/purchase.
12. WHEN PAYING BY CHECK; You authorize checks returned unpaid to be represented electronically, and a fee equal to the maximum state allowed recovery fee may be recovered electronically or by draft. Returns not recovered may be subject to attorney fees and or other fees when applicable.
13. Choice of Law and Venue. All disputes relating to a AuctionWatertown online auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of South Dakota. All claims relating to a AuctionWatertown online auction and the terms and conditions herein shall be brought in "District Court in Codington County, South Dakota, and bidders hereby consent to the jurisdiction of said Court.
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