The following terms and conditions provide important information related to live online bidding in sales conducted by Auctions America by RM, Inc., “AA” or other affiliated companies. These terms are in addition to AA’s Terms & Conditions of Purchase and are not intended in any way to replace them. The Terms & Conditions of Purchase are available on auctionsamerica.com and in printed catalogs. By participating in Auctions America sales, you acknowledge that you are bound by AA’s Terms & Conditions of Purchase and also to these Terms and Conditions for Online bidding accounts:
1. Person bidding online must be 21 years of age or older. No minors are allowed to bid.
2. A live auction is by its nature fast moving and bidding may progress very quickly. AA encourages that online bids be submitted as promptly as possible to ensure that online bidders are not at any disadvantage when bidding against bidders in the room and on the telephones. The procedure for placing bids is therefore a one-step process; as soon as the “Bid” button is clicked, a bid is submitted. By bidding online, you accept and agree that bids submitted in this way are final and that you will not under any circumstances be permitted to amend or retract your bid. If a successful bid is sent to AA from your computer, you irrevocably agree to pay the full purchase price, including buyer’s premium and all applicable taxes and other applicable charges.
3. Bids other than Internet bids will be displayed on the Internet bidder’s computer screen as “Floor” bids. “Floor” bids include those bids taken from the live auction room, telephones, and absentee bidders. If an online bid and a “Floor” bid are placed simultaneously, the “Floor” bid will take precedence.
4. The next bidding increment is shown on your screen for your convenience. The auctioneer has discretion to vary bidding increments for bidders in the room and on the telephones, but internet bidders will not be able to place a bid in an amount other than a whole bidding increment.
5. The record of sale, kept by AA, will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by AA, the record of sale will govern.
6. AA reserves the right to refuse or revoke permission to bid online and to remove online bidding privileges at any time, including during the sale.
7. Successful bidders will be notified within 48 hours of the close of the sale and invoiced after the sale. All payments must be made by certified funds within 24 hours of receipt of the invoice, unless other arrangements have been approved in advance by AA’s Finance Department. Should a bidder default on payment in any manner whatsoever, without limiting any recourse AA might have, bidder agrees to pay AA all lost auction fees (which is the maximum published rates for (1) the seller’s commission, (2) the buyer’s premium, and (3) the entry), this amount is due and payable without relief. Bidder will also be liable to seller for its damages. Bidder hereby authorizes AA to deduct these lost auction fees from bidder’s cash deposit, or to charge this amount to bidder’s credit card provided. Bidder agrees not to dispute this charge with the credit card company at any time. Bidder agrees to also pay AA’s costs of collection, including attorneys’ fees and costs.
8. ALL BIDS ARE FINAL AT AUCTION. At auction there is no “cooling off period”. If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the merchandise and are responsible for payment in full. No bidder may retract a bid made during the sale for any reason.
9. All sales are “as is” and “where is”. Bidder is responsible for inspections and verification of condition, authenticity, and completeness of any vehicle or item purchased. No warranties or representations of any type whatsoever are made by Auctions America by RM, Inc. Statements printed in catalogs, brochures, signs, window cards, and verbal statements made by auctioneers or auction staff are representations made by the Consignor and AA has no obligation to verify or authenticate any such claims or representations. Any announcements made at time of sale supersede any earlier printed information, and online bidders are responsible for making themselves aware of saleroom notices and announcements. Except as herein provided, all vehicles are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND AUCTIONS AMERICA BY RM, INC. DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY, ORIGIN OR PROVENANCE, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
10. Bidder is responsible for all risk of loss or damage immediately upon purchase of the vehicle or item. All vehicles or items purchased must be removed from the auction site at the buyer’s expense immediately following the sale. If not removed by the end of the day following the sale, Auctions America by RM, Inc. will remove the vehicle or item with all costs of moving and storage to be paid by the buyer.
11. Final bid price does not include buyer’s premium or applicable taxes on each lot purchased. Buyer is responsible to pay all city, state or other taxes due for which the buyer does not qualify as exempt. Proof of exemption is buyer’s responsibility.
12. Vehicles not marked as “no reserve” (or similar) are subject to a reserve bid set by the Consignor. When a vehicle is sold subject to such a reserve bid the auctioneer may bid on the Consignor’s behalf in an amount not to exceed the amount of the reserve bid.
13. In the event either party brings action against the other arising from or relating to this bid card or any auction held in connection with, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. The law of the state in which the auction is held shall govern the provisions of this bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located.
14. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, posted on this website, publicly announced, or otherwise published are incorporated herein by reference. It is the bidder’s responsibility to familiarize themselves with these terms.
15. Auctions America by RM, Inc. offers live online bidding as a convenience to our clients. AA is not responsible for any errors or failures to execute bids placed on the internet, including, without limitation, errors or failures caused by (i) a loss of connection to the internet or to the online bidding software by either AA or the client; (ii) a breakdown or problems with the online bidding software; or (iii) a breakdown or problems with a client’s internet connection or computer. AA will not be responsible for any failure to execute an online bid or for any errors or omissions in connection therewith.
16. Live online bidding will be recorded.