|
READ ALL TERMS BEFORE BIDDING Auction Terms and Conditions Bidder ('buyer') and auctioneer ('Atkinson Realty and
Auction, Inc' d/b/a 'Atkinson Online' and 'Atkinson Auctioneers' and its
associates) agree that the terms listed herein shall govern the online
auction sale, live auction sale, and any other transaction between the bidder
and auctioneer. All sales are final. If you cannot comply with all the terms
and conditions of this auction do not bid. Auctions are as-is, where-is and
as such there will be no refunds or returns of any kind. Announcements by the
auctioneer, and auction specific terms and description are of a higher
priority if they conflict with the terms of this agreement. Terms are subject
to change. Review terms prior to placing any bid. 1.
Auction Premiums, Fees, and Taxes Summary
2.
Buyer's Premium a.
Final invoice price will be highest winning bid plus 18%
buyer's premium and applicable taxes and fees. For pre-approved payments
with a bank wire transfer the buyer's premium will be 14% buyer's
premium plus a wire transfer fee of $25.00 or $35.00. b.
Buyer must notify the auctioneer prior to the end of
bidding if you are going to pay with wire transfer, otherwise the invoice
will be calculated at the normal premium. c.
Buyer's premiums are a taxable fee which will be
calculated at the tax rate of the location in which the sold item physically
resides at time of sale. 3.
Title Transfers a.
Vehicle title, trailer title, or other transferable
document transfer fee and administration fees for a private/retail sale will
be $150.00 for each document. For a licensed auto dealer, the title,
registration, or other transferable document transfer fee will be $35.00
for each document. b.
Vessel title transfer fee will be $250.00 for each
vessel title. c.
Licensed auto dealers must scan and upload their license
to their bidder profile prior to the end of bidding. In the bidder profile,
under the tab labeled 'Tax Exemption,' select the box labeled 'add' for the
form to upload your license. Put the dealer license number in the box labeled
'Tax Exemption Number.' A photocopy or scan of the physical license must be
added for the license to be accepted by the auctioneer. d.
For questions regarding title transfers please contact
the auctioneer at (813)-736-9513 or info@atkinsononline.com 4.
Wire Transfer a.
Domestic wire transfers incur a fee of $25.00 per
wire transaction. b.
Foreign wire transfers incur a fee of $35.00 per
wire transaction. c.
The receiving wire transfer information of the auctioneer
will be posted on the invoice sent to the buyer after the end of the auction. d.
If the buyer intends to pay by wire transfer, the buyer
must notify the auctioneer prior to the end of bidding to avoid the due
invoice being collected from the card on file. 5.
Sales Tax and Local Surtax a.
The state sales tax and local surtax will be determined
by the physical location of the item at time of sale. Please check with the
state and municipality in the location of the sale for current tax rates. b.
Buyers exempt from sales tax must scan and upload to
their exemption to their bidder profile prior to the end of bidding. This is
located under the tab 'Tax Exemptions' when viewing the bidder profile. A
photocopy or scan of the physical exemption must be added for the license to
be accepted by the auctioneer. Sales tax exemptions cannot be used for motor
vehicles unless buyer is also a licensed auto dealer. Sales tax exemptions
cannot be used for firearms unless the buyer is also a federal firearms
licensee. c.
For questions regarding sales tax please contact the
auctioneer at (813)-736-9513 or info@atkinsononline.com 6.
Bidding a.
All bids placed are an unconditional and irrevocable
agreement to purchase the item at that bid amount, plus applicable taxes,
fees, and premiums. b.
As a bidder, placing a bid is a binding contract between
you and the seller, and the bid cannot be retracted. Once you place a bid,
and you win, you will be obligated to purchase the product at the final bid
price you indicated as your bid. Placing a bid on this auction site, winning,
then not paying for the product is a breach of this agreement, illegal in
most states, and legal action will be pursued. c.
Failure to pay a won bid in full is a breach of this
agreement and will result in a $255.00 default payment fee, permanent
suspension of bidding privileges, and other remedies available to the
auctioneer by law. d.
If the highest bidder defaults on their bid, the second
highest bidder ('back-up bidder') may be given the opportunity to purchase
the item at the back-up bidders highest bid. This
clause is subject to the discretion of the auctioneer. e.
The auctioneer and seller reserve the right to reject the
bid of any bidder at any time. 7.
Auction Procedure a.
Bidder verification
i. The identity of all
bidders will be verified. Bidding is privilege and if complete verification
is not possible, Atkinson Realty and Auction will reject the registration,
and bidding activity will be terminated.
ii. All registration
information the bidder provides to auctioneer shall be current, complete, and
accurate. Bidders must be 18 years of age or older. Bidder agrees to not use
any device, software or routine to interfere or attempt to interfere with the
proper working of any transaction being conducted on and during the auction
sale.
iii. A valid payment card
must be on file in the bidder profile to participate in bidding. b.
Item end time, frequency and order can be found in the
notes of the individual auction and are subject to change. c.
Unless otherwise indicated, items have a five minute bidding extension feature in place to prevent
bid snipping. An item must go five consecutive minutes with no competing bids
placed to end the bidding for that item. If a bid is placed within the
five-minute window before the bidding end time, the timer will reset for an
additional five minutes. This process will repeat until no competing bids are
placed for five consecutive minutes. d.
The final highest bidder shall be designated at the end
of each auction sale. If a dispute arises between two or more bidders, the
auctioneer reserves the right to reopen bidding. The auctioneer's designation
of the winning bidder shall be final. e.
Invoices will be calculated and charged to the payment
method on file at the end of the auction, unless otherwise indicated. If the
buyer intends to pay with wire transfer, the buyer must notify the auctioneer
prior to the item end of bidding. 8.
Invoicing a.
Invoicing will be sent by email to the bidder after the
closure of auction. b.
Invoices are available in the bidder's profile once
approved by the auctioneer. c.
All invoices undergo a manual review process and may not
appear for several hours after the closure of the auction. d.
The invoice total is the total payment amount due by the
buyer to the auctioneer. 9.
Payment a.
Payment of invoice must be received by the auctioneer
within 48 hours or 2 business days after the closure of the auction. b.
Payment will be collected by the card on file, unless
otherwise specified. c.
If the buyer intends to pay by wire transfer, the buyer
must notify the auctioneer prior to the end of bidding to avoid the invoice
being collected from the card on file. d.
All payments are subject to the tax laws of the location
where the item is located at time of sale. e.
Payments not received within 2 business days of the
closure of the auction will be considered in default and a breach of this
agreement, and bidder is subject to the terms of section '6) Bidding.' 10.
As-Is, Where-Is a.
All items are sold as-is, where is with all faults and no
warranties implied or guaranteed. Neither the auctioneer nor the seller or
cosigner make any promises, guarantees, warranties, or conditions expressed
or implied in respect to any item or auction. b.
Items in the auction are used and may contain defects
that are not immediately detectable. Items are sold with all faults and
defects of any nature. c.
All information for an item is believed to be correct and
true to the auctioneer's best knowledge. Any reliance on the contents of an
item's description shall be solely at the bidder's risk. Bidders must conduct
and rely solely upon their own investigations and inspections. The
descriptions of the property in the auction advertising prior to this sale
are believed to be correct. Nevertheless, neither those descriptions nor any
oral statements made by seller or auctioneer shall be construed as a warranty
either expressed or implied. The property is being sold 'as-is, where-is'
with all faults without expressed or implied warranties of any kind. Please
review all information supplied and seek appropriate assistance prior to
bidding. d.
The item description is a guide only, containing
reference information provided to the auctioneer by the seller. The item
descriptions do not imply the condition of the item. e.
There will be no refunds or returns of any kind. 11.
Inspection a.
Inspection of an auctions item by the bidder will be made
available prior to the auction ending and is subject to the discretion of the
auctioneer. b.
It is the responsibility of the bidder to inspect all
items prior to placing a bid, as all items are sold 'as-is, where-is.' c.
The specific details of inspection will be in the
description of each auction. d.
Inspection dates, times, and locations are subject to
change. e.
Inspection may be by appointment only and will be listed
as such in the auction's description. f.
The auctioneer makes no inspection, appraisal, or
condition of any item. 12.
Item Pick-up/Load out a.
All items must be removed from the auction site within 3
business days from the end of the auction unless otherwise indicated in the
description of a specific auction. b.
No load-out assistance of any kind is provided. The buyer
or agent of the buyer is solely responsible for loading, removing, or other
transport of all purchased items from the auction site. c.
Items will not be released to buyer unless all due
payments have been received by the auctioneer. d.
The buyer or agent of the buyer shall bring and show
proof of purchase, a paid-in-full invoice, to the auction site for the
release of their items. e.
Items not removed from the auction site within 3 business
days, or other timeframe agreed upon between the buyer and the auctioneer, or
other timeframe posted in a specific auction description, may be subject to a
storage fee.
i. Storage fees will be $25.00
per item per day.
ii. Items will not be
released to buyer until all fees have been paid in full. 13.
Firearms a.
Atkinson Realty and Auction, Inc. is a type 01 federal
firearms licensee. b.
Prohibited persons, as defined by 18 U.S.C. 922, shall
not bid on any firearms. Bidders who are knowingly a prohibited person, and
bid on firearms, will be permanently banned from our auction platform. c.
Firearms will only be sold to legal residents of the
state of Florida. d.
All firearm sales are subject to a background check.
i. Background checks
must be conducted in-person at the auctioneer's primary office, located at
6111 S. U.S. 41, Sun City, FL.
ii. FDLE/NICS Background
checks are $15.00 each. This rate is subject to change based on the
final transaction cost required by the applicable government agency
conducting the background check.
iii. Firearms will not be
released to the buyer without a successful background check, regardless of
payment status.
iv. If a background check
is denied, the firearm cannot be released to the buyer. Appeal of a
background check is the responsibility of the buyer and must be brought to
the attention of FDLE or FBI NICS program. Any additional or repeat FDLE/NICS
checks required for any reason will be $15.00 each. e.
The auctioneer reserves the right to refuse a transfer if
the auctioneer believes the purchase is fraudulent in anyway, including a
straw purchase as defined by 18 U.S. Code 932. f.
The auctioneer reserves the right to refuse a transfer if
the auctioneer believes the firearm will be used for any unlawful activity,
regardless of the possession-ship status of the buyer, prohibited or not. g.
The auctioneer will not ship any items, including
firearms. Firearms must be collected in-person, by the person named on the
invoice and payment, at 6111 South U.S. 41, Sun City, FL 14.
Injury, Damage. And Indemnification a.
Bidder acknowledges responsibility for any personal
injury or property damage caused by the bidder or their agent, and further
agrees to indemnify, defend and hold auctioneer and seller(s) harmless for
any personal injury to himself or his agents, any property damage incurred on
the sale premises, any and all claims, losses, damages, liabilities,
judgments, fees and expenses related thereto, in connection with any claims
arising out of, based upon, or resulting from any breach or violation by
bidder of this contract or any use by bidder of the auction sale or as a
result of a dispute with another bidder. 15.
Agency a.
Auctioneer is acting as agent for the
seller/cosigner/owner only and is not responsible for statements made by
other parties. 16.
Misrepresentation a.
You will be suspended or permanently banned from our site
if you provide false information when registering, such as a false name or
fraudulent contact information. You will be permanently banned from our site
if you are the successful bidder and you do not honor your final auction bid. 17.
Hold Harmless a.
We cannot, and will not, be held responsible for any
interruption in service, errors, and/or omissions, caused by any means,
therefore we cannot guarantee continual, uninterrupted or error-free service
as our bidding platform could be affected by factors outside of the
auctioneer's control. Bidder acknowledges that this auction is conducted
electronically and relies on hardware and software that may malfunction
without warning. The auctioneer may void any sale, temporarily suspend
bidding and re-sell any items that were affected by any malfunction. The
decision of the auctioneer is final. 18.
Severance a.
If any term or clause of this agreement is found
unenforceable or invalid, such determination will not affect the validity and
enforceability of the other terms in this agreement. 19.
Privacy a.
All information collected from the bidder is strictly for
purpose of conducting an auction. b.
Additional information may be needed for the sale of
certain items, such as titled or registered items or firearms. c.
The auctioneer does not sell, rent, or otherwise disclose
bidders' private information to any third parties unless otherwise required
by law. 20.
Mailing List a.
We use email to notify bidders of information regarding
the auction. b.
To unsubscribe, change the preferences in the
'Communications' tab of the bidder profile. Thank you for using our auction site, www.atkinsononline.com Mailing Address: |