NOTE: These terms only apply to the "Timed Auctions" conducted on services provided by AuctionTime.com / FreyOnlineAuctions.com. Our live, "Upcoming Auctions" and their associated live internet bidding for physical auctions have different terms, that may vary by auction.
IMPORTANT INTERNET BIDDER NOTES AND TERMS:
Frey and Sons, Inc. is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Frey and Sons, Inc. or anyone else if the Internet service fails to work correctly before or during the auction. Frey and Sons, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make more certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Frey and Sons, Inc. reserves the right to withdraw or re-catalog items in this auction.
Auctioneers assume no liability for errors or omissions in this listing. Items sold As Is, Where Is, without any warranties whatsoever, whether express, implied or statutory. Expressly excluded are warranties of merchantability, fitness for use and purpose and description. Hour meter readings or mileages are unverified information and accuracy is not guaranteed in any way. Any information is gathered from sources believed to be reliable, but is not guaranteed to be accurate. Items are available for inspection, and any bidder is solely responsible for personally inspecting the item and verifying any information presented here or elsewhere. Item descriptions and listings are subject to change, correction, update or cancellation at any time, without notice.
1) All prospective Internet Buyers are required to register at the freyonlineauctions.com or auctiontime.com website to be approved to bid. Auctioneer reserves the right to set credit limits, require a deposit, or to deny bidding priviledges to any bidder, for any reason. Owner or their agents are not permitted to bid on their item(s).
2) Payment accepted by wire transfer only, we do not accept Credit Cards by phone or web. Successful bidder must contact us within 24 hrs of auction close to finalize invoicing and payment details. We will notify buyer when full payment has been received and item may be picked up. Titles for titled vehicles will be mailed by certified mail no sooner than 10 days after payment clears our bank.
3) Applicable State and Local Sales Taxes will be charged on all applicable lots at this auction. Bidders wishing to claim exemption from Sales Tax must provide an approved tax exemption form and exception certificates that are acceptable to the state in which the auction is held. Buyer shall be solely liable for any unpaid tax(es) and penalties that may be assessed.
4) Absolutely no liability shall be accepted by Auctioneer for placement or execution of bids, due to technological limitations, and the potential for "glitches" or dropped communications.
5) Bidders are not the confirmed buyer of an item(s) until you are notified by Frey & Sons and such bid is confirmed and invoiced as such, regardless of what the website indicates.
6) CAVEAT EMPTOR! Buyer understands that all items are sold AS-IS, WHERE-IS, with no warranties or guarantees whatsoever. All descriptions of equipment on the website are believed to be correct and have been conscientiously set forth by the owner, etc. However, neither the owner nor the Auctioneers are responsible for any errors in description or condition.
7) The equipment is available prior to the Auction for inspection, and any bidding without inspection is solely at the bidder's risk. The Catalog posted on line is a guide only- it does not guarantee anything. By making an internet or absentee bid, Bidder acknowledges that he is not relying in any way, upon the representations of Auctioneer, its staff, and / or the Owner of the equipment. Bidder waives any right to inspection, approval or acceptance of items, and fully agrees that any items bought are bought SIGHT UNSEEN with NO RIGHT TO INSPECTION OR APPROVAL AFTER PURCHASE.
8) All items remain at the auction site solely at the buyer's risk, and Frey & Sons and Seller bears no responsibility for their security and protection. Storage, insurance, tear-down, loading and removal of item is at the sole risk, expense and liability of the buyer. Any items not removed by fourteen days after the auction may be charged a daily storage fee at a rate determined by auctioneer.
9). Auctioneer has been hired by the seller, and is acting as their agent in conducting the auction, and Auctioneer is not serving as an agent for any bidder or buyer. Absolutely no agency relationship shall be created in any way between Bidder and Auctioneer.
10) The highest bidder recognized by Auctioneer will be the Buyer for a lot, subject to the satisfaction of any reserve amount for that lot or seller's confirmation. No buyer shall retract any bid. Owner or their agents are not permitted to bid on their item(s). All sales are final. Auctioneers may, at any time, at their sole discretion and without notice or liability to bidder: withdraw from sale or cancel the sale of any lot, or protect the interests of lienholders or owners in any manner as Auctioneer sees fit.
11) At its discretion, Auctioneer may accept and execute absentee bids in a competitive manner for the bidder, but in no way shall this create an agency relationship between the bidder and Auctioneers. Auction staff may place bona-fide bids to purchase items.
12) Each and every lot will be sold AS-IS, WHERE-IS, caveat emptor. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Specifically, but not to restrict the generality of the foregoing, the auctioneers make no representation or warranty that any of the auction items conform to any safety or pollution standard, or law or regulation, or are fit for any particular purpose, or are merchantable or financeable, or are of a particular age, year of manufacture, make, model or condition.
13) No sale shall be invalidated, or sale price reduced, by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the Catalog or elsewhere and no liability shall be borne by the Auctioneers in respect of any such fault or errors. This catalog has been prepared only as a guide based on information from sources generally believed to be reliable and from the Consignor but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers.
14) Bidder agrees that he has satisfied himself and is not relying on the Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. Bidder acknowledges that it is his responsibility to inspect all equipment and to make his own inquiries. Buyer acknowledges that prior to the auction all lots were available for inspection. Bidder/Buyer is deemed to have accepted a lot when he makes a bid. ALL SALES ARE FINAL, WITH NO REFUNDS FOR ANY REASON.
15) All payments must be made in full by wire transfer. No purchases may be removed until paid in full. There will be a $50 minimum charge to Buyer for a payment dishonored for any reason. Legal action will be instituted to collect any unpaid accounts, and Buyer agrees to pay all costs of collection, including attorney's fees, plus a finance charge of Two Percent per month (Twenty Four Percent per Annum) from date of auction until paid in full.
16) Any dispute arising as to any bidding shall be settled by the Auctioneers at their sole discretion and the Auctioneers may, at their sole discretion, immediately put the lot in dispute up again for sale. The Auctioneers reserve the right to refuse any bid which is considered to be an insignificant advance over the preceding bid.
17) On any dispute regarding the amount of a final bid or the buyer of an item, the Auctioneer's decision, and the Auctioneer's record, either by electronic recording, Clerking Sheet and/or Auctioneer's Record Book, shall be final. An incorrectly issued invoice shall in no way relieve the Buyer of immediately paying the full and correct amount due.
18) Purchases become the immediate responsibility of, and shall be and remain at the sole risk of the Buyer, upon acceptance of his bid. It shall be the immediate responsibility of the Buyer to insure his purchases. Auctioneers provide limited checkout assistance, and Auctioneers shall not be responsible for any theft, loss and/or damage to any lot, at any time. Auctioneers will have no responsibility for any loss or damage resulting from Auctioneers staff carrying, handling, or loading any items for any person.
19) The Buyer shall not be entitled to possession of any of his purchases until the total purchase price of all his purchases has been fully paid. In the event the Buyer fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the Auctioneers shall retain a possessory lien on all lots of the Buyer, and have the right to resell such lots for and on behalf of the Buyer, by public or private sale, without notice of any kind to the Buyer. Should the Auctioneers resell any such lot, the proceeds therefrom (after deducting commission of 10% and any expenses) shall be credited to the original Buyer's account and the original Buyer shall pay the Auctioneers upon demand, any deficiency arising from the resale.
20) All purchases must be removed from the Auction Site within 14 days of the auction close, and all costs, responsibility and risk of such removal shall be borne by the Buyer and, in every case, the Buyer shall use prudence in effecting such removal. Buyer agrees to indemnity and save harmless both the Consignor and the Auctioneers against any damage caused by the acts of the Buyer and/or his agents in connection with the dismantling or removal of any lot. If for any reason, the Buyer fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneers at sole discretion may resell per clause (9) above, or remove and store the said lot at Buyer's sole risk and expense. In addition, Buyer shall be liable for any rent incurred or damages suffered by the Auctioneers because of Buyer's failure to remove any lot.
21) All necessary documents will, if available, be delivered to the Buyer against payment in full of the purchase price as set out above and clearing of funds by Auctioneer's bank, and will otherwise be mailed within 21 days of such payment or when provided to auctioneers by the holding party. Availability of these documents is subject to provision of the same by the Seller. Documents provided will be prepared to be effective only in the State in which the auction is being conducted.
22) If, for any reason whatsoever, the Auctioneers are unable to make available or otherwise effect delivery of any lot or clear title to same, or any necessary documentation required in respect of any lot, whether before or after delivery of such lot, the Auctioneer's sole liability, if any, shall be the return of any monies paid on such lot upon return of the particular lot, and then at the sole option of the auctioneers. Any lot the subject of this paragraph shall be returned or surrendered to the Auctioneers forthwith upon demand, but to be at the sole option of the Auctioneers.
23) Bidder acknowledges that an Auction Site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his own risk with notice of the condition of the premises, the activities on the premises. No person shall have any claim against the Auctioneers, their agents, employees, or principals for any injuries sustained nor for damages or loss to property which may occur from any cause whatsoever.
24) This auction agreement will be exclusively construed and governed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties will be the County of Fulton in the State of Ohio. Any action or suit of any kind must be commenced within one (1) year from the date when the cause of action or suit accrued or it will be forever barred. The right of action or suit will accrue, and the one (1) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered.
25) All property is sold "AS IS", and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Frey and Sons, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Frey and Sons, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who do not preview the items 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. Frey and Sons, Inc. shall endeavor to describe in detail each item and any pertinent information about it.
Registering to bid, or attending the auction, indicates full understanding and acceptance of these terms, along with the agreement to be so bound. These terms supersede all previous announcements, advertisements and published information, except for any announcements made sale day by the auctioneer, which will take precedence.