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Live Webcast Auction Terms & Conditions Welcome to NYSAuctions.com 2. All bidders are subject to State Sales Tax unless bidder has filled out Massachussetts Sales Tax Exemption Certificate and has supplied a copy of their certificate. 3. If the Auctioneer determines that any bid that is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction, and having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. Auctioneer reserves the right to bid on behalf of Buyer/Seller/Secured parties. 4. Ownership title passes upon the fall of the Auctioneer's gavel, and thereafter the property is at risk of the buyer and neither the seller, nor the auctioneer shall be responsible for loss or damage. 5. Every item is sold "As Is, Where Is". It is the bidder's responsibility to determine the exact condition of each item. Neither the auctioneer nor the seller makes any warranties or representations of any kind or nature with respect to said property. All sales are final. Catalog descriptions are for simple identification purposes only, no representations are made to the authenticity, age, origin or value. Buyer relies solely on his/her own judgment when bidding. Please take advantage of previews to inspect items. All sales are final. 6. All purchases shall be paid in full by close of auction and removed within the prescribed time. Successful internet bidders will be notified by Email within 24 hours of auction ending. Internet bidders payment must be received within 24 hours upon receipt of their email notification to pay for their items 7. Purchasers are responsible for all costs involved with shipping and removal of their purchases & any and all damages incurred during removal of purchases. The auctioneer may require proof of adequate insurance from the purchaser. The purchaser/bidder herby indemnifies the auctioneer and the vendor against any and all damages arising from the dismantling and removal of any lots. 8. 10% Buyers Premium shall be added to the top bid to become part of the purchase price. BUYER'S PREMIUM DEFINITION: The Buyer's premium is that portion of the commission(s) which is being paid by the buyer. It is clearly understood and agreed by both the Buyer and the Seller that the Auctioneer and Broker represent the Seller only. 9. The highest approved bidder to be the buyer. In all cases of disputed bids, the property may be resold, but, auctioneer will use his judgment as to good faith to all claims and his decision is final. Where a lot has a stated quantity that is more than 1(one), the bid shall be multiplied times the quantity to determine the total cost of the lot. 10. All bidders are required to register and give full identification and establish credit with the auction company prior to the beginning of the auction. Register early to assure your approval for bidding at the auction. Auction registration must be made at least 24 hours before auction starts. Note: To supply your credit information by telephone please call (800)292-7653 11. Should a dispute arise after the auction, auctioneers records shall be conclusive in all respects. 12. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer will be recognized from one buyer to another. 13. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of terms & conditions of auction or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may r esult in the resale of the property, and the cost of remarketing said property. Additional commissions shall be due and payable. 14. The auctioneer reserves the right to withdraw any lot at any time prior to the time of sale of such lot. 15. By bidding on any item, the bidder shows acceptance of the terms of the auction. 16. The above stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms given by Auctioneer at time of auction. 17. The auctioneer may break down or consolidate any lot or lots at his sole discretion. 18. Bidder does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction. 19. A bidder is deemed to have accepted an item when making a bid. No bidder shall retract their bid. Online bidding during the Live Auction is a fast process, and therefore there may be no confirmation given - bids will be taken immediately and are irrevocable. |
| NYSAuctions.com Silent Auction User Agreement; Rules & Guidelines |
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Using Silent Auction NYSAuctions.com Services By using our services it is assumed that you have read the guidelines provided here, and are
expected to follow them.
Silent Auction Overview and General Disclaimer NYSAuctions.com is a service for buyers to bid through an online auction format. NYSAuctions.com may take action against a registered user for their conduct, and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate. The Internet being the fragile environment that it is, NYSAuctions.com cannot be held responsible for server down time, or your inability to access our site. Notifications sent by E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status. In the event of technical problems, we reserve the right to cancel, restart, or extend an auction as the circumstances may dictate.
1) Silent Auction General You must be at least 18 years old to bid on any item, or to be a registered user of NYSAuctions.com. 2) Silent Auction Registration You must enter correct contact information to have user access to NYSAuctions.com. To bid on an item. As mentioned before, registration is free. Also, your information will ALWAYS be kept confidential by NYSAuctions.com staff. 3) Silent Auctions At the NYSAuctions.com option, Silent Auctions can last up to 14 days. Bidding automatically terminates at the end of the auction. When the auction ends, high-bidder(s) are notified by E-mail Auction results are also available for anyone to examine for at least seven (5) days after closing. If the high bidder fails to respond within three (3) business days, the NYSAuctions.com may contact the next highest bidder, and the high bidder may lose their winning place as the winning bidder. 4) Silent Auction Bidding In order to bid in an auction, you must first register with NYSAuctions.com. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase) . If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted, and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail. On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential, and will be used by our system to increase your bid automatically in case you are outbid by another user. Our system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction. In the case of quantities greater than one (1), slightly different information will be displayed on the bidding form. Typically called a Yankee Auction, this format will allow bidders to state the price and the quantity of the items that they are bidding on (although it is not necessary to bid on the entire quantity). At the end of the auction, bidders with the highest bids will win the quantity they've placed bids on. In the event of a tie in the high bid, the bidder bidding on the greatest number of items will prevail. In the event of a tie in both high bid and quantity, the bidder who placed their bid first on that lot will prevail. The quantity is divided up between the winning bidders until there are none left. Often times with this format a bidder will have a winning bid, but only a partial quantity is left at their bid level (price). In this case, the bidder is expected to accept the lesser quantity of items. For more about Yankee Auctions, see below. Before bidding on an item, you should make sure that you know what the item is. Make sure you understand the extra costs of the item, such as sales tax or shipping charges. E-mail NYSAuctions.com with any questions you have. By placing a bid, you are placing a legally-binding and irrevocable offer to purchase the item at any price up to your maximum bid amount. If your bid is the high bid and accepted by the seller, you are legally obligated to complete the transaction. Failure to complete the transaction is a breach of the User Agreement and may be grounds for legal action by the NYSAuctions.com. Additionally, NYSAuctions.com may suspend or terminate your user account if we deem it appropriate. 5) Silent Auction Closing Each auction has its own ending time listed on the bidding form. Auctions
end automatically at this time. At about midnight of that day, notifications
are sent out to the winning bidders.
6) Silent Auction Reserve Price Auctions Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item. When a bidder's maximum price meets or exceeds the reserve price, an
indication is added to show the reserve price has been met.
7) Silent Yankee Auctions Yankee Auctions are auctions of multiple, identical items . The minimum starting bid and the quantity of items available are specified. A bidder may place a bid on one or more of the items. A winning bid is determined first by high-bid, then by highest quantity, and finally by the earliest bid. For Example: If 10 identical computers are for sale, for $100 each. 30 bidders bid $100 for one computer each. If the auction ended at this moment, only the first 10 bidders would receive their item, because their bid amounts were the same, and earlier bids take precedence. However, imagine that the auction is still running. Another bidder then bids $120 for one computer. Since this bid is higher than all the others, this bidder is currently a high bidder for one of the 10 computers. From the original 10 bidders, the one to place their bid last has now lost their standing as a high-bidder, and will not win a computer without rebidding at a higher price. Again, bids are ranked in the order of highest bid, followed by the quantity bid on, and then by the time the bid was placed. In the event a winning bidder placed a bid on more items than are available for his winning amount, the bidder is expected to complete the transaction for the lesser quantity that is available. |
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