Terms & Conditions
General
Please read these Terms carefully before using this Website. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Website.
REGISTRATION: To participate in our auctions is free, once registered you can participate in all of our upcoming auctions. You must register to bid on our secure site, with a credit or debit card (Visa/MC/Amex/Discover) & the registered card(s) must match the account owner’s name and address. Your registered card will have a pre-authorization hold of a very small amount, for example, $1 which is temporary we do this to verify that there are sufficient funds available to complete transactions. We will never know your card number, only you can see that information in your account. We will never ask for your card information you can add that to your bidding account yourself.
BUYERS: We charge an 18% Buyers Fee & you will be charged a tax rate of the state the auction occurs in (if applicable), that is not, including any shipping cost, which will be added to your invoice total including the hammer price. Age Requirement All bidders must be 18 years of age or older. Bidder Information and Security All registration information the bidder provides to Awsum Auctionz LLC shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding accounts, numbers & passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Awsum Auctionz LLC; if they believe that their bidder account, number, and password have been compromised. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.
PICK-UP BY APPOINTMENT: You can pick up only by appointment by using the schedule pick-up tab, if you haven’t scheduled an appointment do not just show up. All items must be removed within the time frame given after the auction ends unless prior arrangements are made. Any day needed for pick up outside the schedule will require a $20 fee. *You must bring your paid invoice to have your items released to you*. Merchandise becomes the full responsibility of the buyer at the time of payment and the buyer assumes all risk of loss and damage to property at that time.
SHIPPING: Shipping is available for all items that can be reasonably shipped, we will not ship oversized items, any item that we will ship will be indicated on the item if you don’t see shipping on an item that means we will not ship it. We charge a $10 package & handling on the 1st package & $5 for each additional package. You are welcome to use a third-party shipper for items we don’t ship at your expense. If you choose to use a third-party shipper please contact us to let us know they are picking up, they are required to come with a copy of your paid invoice for us to release your items. Awsum Auctionz LLC is not responsible for any items once they leave our facility. Merchandise becomes the full responsibility of the buyer at the time of payment and the buyer assumes all risk of loss and damage to property at that time.
FEES: 1) Buyer’s Premium is 18% on top of the hammer price. 2) Package & Handling is 1st box $10, each after is $5 per box. 3) Motor Vehicles have a deposit please see the motor vehicle section for details.
DISCLAIMER: The auction company encourages all bidders to inspect lots on our website through the preview videos on www.awsumauctionzllc.com before bidding. Awsum Auctionz LLC is not responsible for any incorrect listing information. Awsum Auctionz LLC has attempted to provide accurate descriptions of all items; however, it is the bidder’s responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by Awsum Auctionz LLC staff are provided in good faith and are matters of opinion. Awsum Auctionz LLC and its Employees act merely as agents for sellers. Some auctions are with reserve unless specifically stated otherwise. Reserves, if any, ARE NOT disclosed unless advertised as “ABSOLUTE.”All Rights Reserved: Awsum Auctionz LLC reserves the right to change this agreement during or after the auction, as unforeseen circumstances arise and must be dealt with accordingly. Awsum Auctionz LLC also reserves the right to postpone, extend, or cancel any auction, bid, or items in auction at any time without prior notice. Awsum Auctionz LLC at their discretion may place a reserve bid on behalf of the seller. All final bids are subject to the seller’s confirmation. Only the top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers or observation and you hereby agree to hold harmless Awsum Auctionz LLC and their Employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, make, model, machine or engine hours, physical condition, options, features, and other data pertinent to the value of any item(s). ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller-issued warranties are listed in the item description. Sales Tax On ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY PER THE LOCATION AND SELLER OF THE ITEMS>. If, for any reason, Awsum Auctionz LLC is unable to make available or deliver any Purchase(s), or portion thereof, or documentation required in respect of any Purchase, the sole liability of Awsum Auctionz LLC, if any, shall be the return of monies minus (non-refundable fees) paid in respect of such Purchase upon its return by the Purchaser, if purchaser chooses to return, it will be at their own expense, travel & shipping, should any purchased lot be stolen or miss-delivered due to our fault, We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us, (SEE LIMITATION OF LIABILITY SECTION). Packing and handling of purchased lots by us is at the entire risk of the purchaser and Awsum Auctionz LLC will have no liability for any loss or damage to such items. Awsum Auctionz LLC shall not be liable for any amount over that paid by the purchaser. Information on items is obtained by us from the sellers or observation and you hereby agree to hold harmless Awsum Auctionz LLC and their Employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, make, model, machine or engine hours, physical condition, options, features, and other data pertinent to the value of any item(s). ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller-issued warranties are listed in the item description. Sales Tax On ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY PER THE LOCATION AND SELLER OF THE ITEMS>.
PAYMENT: You will be automatically charged at the end of the Auction; All buyers’ cards will be charged for their purchases either the same day or within 1 day after receiving your completed invoice, If your card declines, you can fix it in your account and then pay your invoice. If you need to add a new default card to your account, please do so before bidding. Awsum Auctionz LLC accepts the following forms of payment: credit cards, & debit cards (Visa/MC/Amex/Discover). All out-of-state & local business checks must be accompanied by an irrevocable Bank Letter of Guarantee.
DELINQUENT/UNPAID ACCOUNTS: A disposal fee & late fee will be charged to the customer’s credit or debit card if no payment can be made or contact is not made regarding payment after the 1st business day following the auction (once your completed invoice is received) & After the 2nd day you will be blocked from bidding on all future auctions with Awsum Auctionz LLC. No items will be removed until full payment(s) has been received by Awsum Auctionz LLC. Awsum Auctionz LLC accepts the following forms of payment: credit cards, & debit cards (Visa/MC/Amex/Discover). Merchandise becomes the full responsibility of the buyer at the time of payment and the buyer assumes all risk of loss and damage to property at that time. Awsum Auctionz LLC reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages or losses resulting from the resale of the property or any disposal fees. All purchases must be paid for in full At Auction end or within 24 hours of receiving the completed invoice before, if not no items will be picked up or shipped out until paid in full. You will be charged storage fees of $15-$20 daily after 2 days of the auction ending for your items that are not motor vehicles, if not picked up & on vehicles since they are larger $50-$75 daily after the auction has ended. We strongly recommend you make payments on time so you don’t incur late fees, so always make sure your card(s) on file are up to date. If your items are not paid or picked up within the time given to do so, Awsum Auctionz LLC will re-list & sell your item(s), or dispose of them, including vehicle(s) to cover their storage fees & other cost no exceptions. If the sale price is not enough to cover the storage fees you will still be responsible for the balance owed to Awsum Auctionz LLC. You will also be blocked from bidding in all Awsum Auctionz LLC auctions until payment is made.
MOTOR VEHICLES: For purchasers of vehicles, motorbikes, & other autos there will be a tag & title fee of $100-$175 on vehicles this pertains to. There will be a non-refundable deposit for all motor vehicle Auctions & only winning bidders deposits will be charged. Non-winners deposit’s, will be returned immediately at the end of auction. The deposit’s are $300 on vehicles $2500 or less, $400 on vehicles $2501-$5000, and $5,001 and up is 10% of the amount this is for each vehicle that will go toward the purchase of the vehicle. (For example, if a vehicle is won for $5500 (hammer price)*10% your deposit will be $550. So be sure you pay your remaining balances so that you do not lose your deposits. On seller vehicles, we do a short test drive to see if they can drive forward, reverse videos will be uploaded with the vehicle lot.
DEBT COLLECTION & INTEREST CHARGES: The buyer agrees to pay all reasonable attorney fees and other costs incurred by the auction company in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 20% of the outstanding balance per week is added to any unpaid balance due to Awsum Auctionz LLC. Any debt collection or dispute proceedings will be heard in the State where the auction took place.
RETURN AND REFUND POLICY: (1). As-Is, Where-Is, With All Faults. Buyer acknowledges, represents, and warrants to Seller that Buyer is buying the Property in its “AS IS, WHERE IS, WITH ALL FAULTS” to BUYER, and BUYER shall purchase, acquire, and accept the Acquired Assets “AS IS, WHERE IS, WITH ALL FAULTS”. BUYER has not relied on and will not rely on, and SELLER is not liable for or bound by, any express or implied warranties, guarantees, statements, representations, or information PERTAINING TO THE REQUIRED ASSETS OR RELATING THERETO MADE OR FURNISHED BY SELLER OR ITS REPRESENTATIVES, or any agent rep or purporting to represent SELLER, to whomever made or given, directly or indirectly, orally or in writing, EXCEPT AS EXPRESSLY STATED HEREIN in this Agreement. BUYER also acknowledges that the Purchase Price reflects and takes into account that the Property and the other Acquired Assets are being sold “AS-IS, WHERE IS, WITH ALL FAULTS”, unless otherwise specifically outlined in this Agreement. (2). BUYER ACKNOWLEDGES TO SELLER THAT BUYER HAD THE OPPORTUNITY TO CONDUCT BEFORE CLOSING SUCH INSPECTIONS AND INVESTIGATIONS OF THE REQUIRED ASSETS AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE REQUIRED ASSETS AND ITS ACQUISITION THEREOF. BUYER FURTHER WARRANTS AND REPRESENTS TO SELLER THAT BUYER WILL RELY SOLELY ON HIS OR HER REVIEW AND OTHER INSPECTIONS AND INVESTIGATIONS IN THIS TRANSACTION AND NOT UPON THE INFORMATION PROVIDED BY OR ON BEHALF OF SELLER, OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES WITH RESPECT THERETO. BUYER HEREBY ASSUMES THE RISK THAT ADVERSE MATTERS INCLUDING, BUT NOT LIMITED TO, LATENT OR PATENT DEFECTS, ADVERSE PHYSICAL OR OTHER ADVERSE MATTERS, MAY NOT HAVE BEEN REVEALED BY BUYER’S REVIEW AND INSPECTIONS AND INVESTIGATIONS. (3). BUYER ACKNOWLEDGES THAT SOME ASSETS DESCRIBED IN EXHIBIT (2) MAY CONTAIN THIRD-PARTY INTELLECTUAL PROPERTY THAT MAY HAVE BEEN LICENSED BY ASSIGNOR OR OTHERWISE ACQUIRED BY ASSIGNOR. BUYER UNDERSTANDS THAT SELLER MAY BE UNABLE TO TRANSFER INTELLECTUAL PROPERTY BELONGING TO A THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THAT PARTY, WHICH MAY NOT BE OBTAINED OR SOUGHT BY SELLER AS A PART OF THIS AGREEMENT. BUYER SHALL ACCEPT FULL RESPONSIBILITY FOR COMMUNICATING WITH THIRD PARTIES WHOSE INTELLECTUAL PROPERTY MAY BE INCLUDED IN THE REQUIRED ASSETS TRANSFERRED HEREBY AND SHALL BE RESPONSIBLE FOR ANY AND ALL LICENSING OR OTHER FEES, COSTS, EXPENSES OR CHARGES THAT MAY BE ASSOCIATED WITH USING SAID ASSETS UNDER APPLICABLE LAW.
DISCRETIONARY AUTHORITY: Submission of bids Awsum Auctionz LLC may in its sole discretion for any reason or no reason reject or void bids made by Bidder at any time. Bidder agrees to hold Awsum Auctionz LLC harmless from any, and all liability arising from decisions made by Awsum Auctionz LLC concerning whether or not to accept or award a bid.
AUCTION CANCELLATION: Awsum Auctionz LLC may at any time, in its sole and absolute discretion and with or without notice, postpone or cancel a bidding opportunity, whether before or after a bid is submitted. Awsum Auctionz LLC will neither be liable nor obligated to Bidder as a result of any auction postponement or cancellation.
EFFECT OF HIGH BID: A high Bid Does Not Imply Ownership or Sale. A high bid or “Award Bid” made by Bidder and acknowledged by Awsum Auctionz LLC does not in any way imply transfer of ownership or the sale of ASSETS, PROPERTY, OR VEHICLE(S). Obligation to Purchase ASSETS, PROPERTY, OR VEHICLE(S). If Bidder’s bid has been acknowledged by Awsum Auctionz LLC as the high bid or “Award Bid”, Bidder’s bid shall be deemed accepted and Bidder shall be obligated to purchase the ASSETS, PROPERTY, OR VEHICLE(S), subject only to the condition that Awsum Auctionz LLC notifies Bidder.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AWSUM AUCTIONZ LLC OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (7) USER DATA OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF FIFTY DOLLARS ($50.00 USD) OR THE AMOUNT OF THE FEES PAID BY YOU TO AWSUM AUCTIONZ LLC DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM OR DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
INTERRUPTION OF SERVICE: Awsum Auctionz LLC cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted, or error-free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Awsum Auctionz LLC, in its sole discretion, may void any sale, temporarily suspend bidding, and re-sell any items or lots that were affected by any malfunction. The decision of Awsum Auctionz LLC is final.
INDEMITY: Purchaser will defend, indemnify and hold Awsum Auctionz LLC and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, injuries to persons or property of any type whatsoever caused during the sale or by the removal of items, purchased losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (1) your use of and access to the Services, including any data or content transmitted or received by you; (2) your violation of any term of this Agreement, including without limitation any of the representations and warranties above; (3) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (4) your violation of any applicable law, rule or regulation; (5) your use of the Services or Auction Data in any manner not expressly authorized by this Agreement, including your breach of any of the restrictions applying to your use of the Services or Auction Data as set forth in this agreement to all sections above, respectively; (6) your gross negligence or willful misconduct; or (7) any third party’s access and use of the Services with your unique username, password or other appropriate security code.
