bidmax,   LLC   

Terms and Conditions 

For Auction, Webcast and Website  

These terms and conditions apply to all auction related transactions with bidmax, LLC. 

1.  Important Terminology  

a.  Auctioneer, Auction Company, Auction House- bidmax, LLC may be substituted for any of these terms.  

b.  Bidder, Purchaser- the potential buyer or actual buyer of an item or lot offered at a bidmax, LLC  auction may be substituted for these terms.  

2. Acknowledgement and Acceptance  As a user of the bidmax, LLC  website, webcast and/or direct participation in an auction, where these terms and conditions will be posted, the bidder and potential purchaser acknowledges that he/she has read and understands the content of this document and will abide by its provisions. Any announcements made the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale. If there is a question as to any interpretation, please contact a bidmax, LLC   representative (Phone: 877-912-4362, Email: admin@bidmaxauctions.com)   

3. Changes/Amendments   These terms and conditions may be amended by updating the online version and posting and/or verbal notice at the auction facility.  

4. Registration   All potential bidders must be indentified and registered before participating in the auction. The registration form maybe completed online by clicking on Auctions and then the auction of interest. A driver’s license must be presented for quick and accurate check-in at the auction site.  

5. Sale and Ownership   The actual sale of the lot occurs on the auctioneer’s call. At that point, although the bid amount is still unpaid, bidder ownership commences as does any liability for loss or subsequent damages related to the purchase(s). An invoice, summarizing all transactions, may be created and paid at anytime during the day of the sale.   

6. Invoice   The cumulative invoice reflects the official accounting for all lots bid for and subsequently owned by the purchaser. The invoice may be produced as requested by the purchaser, but no later than the close of business the day of the sale. The invoice will list the bid price, buyer’s premium and any applicable taxes required by the jurisdiction. Taxes may include federal or state sales and use taxes and/or local taxes. Note that sales taxes cannot be refunded once purchases have been removed from the auction site.  

7. Payment   All purchases, as listed and detailed on the cumulative invoice, must be paid in-full the day of the sale. Payment methods include: cash, company check, bank draft, wire transfer, credit card. The Auctioneer Company may, in its sole discretion, accept a company check. In order to simplify the approval, please bring a bank letter to the auction.  Credit cards are accepted for Visa, MasterCard and Discover.  A wire transfer must be effective the next business day after presentation of the invoice. If a credit card is used, a 2% surcharge will be added to the purchase price. No items may be removed before payment or special payment terms are presented and accepted.  

8. Tax Exempt Sales   All exemptions must be claimed, and a duly executed certificate delivered to bidmax, LLC  before the purchaser requests an invoice. Sales taxes will not be refunded once items have been loaded on the purchaser’s desired mode of transportation or removed from the auction site.  

9. Buyer’s Premium   At its sole discretion, bidmax LLC may add a buyer’s premium to the bid price of purchase(s).The premium amount will be posted at the auction site and will typically be 10%. A fee of 3% will be added for purchases online and a fee of 2% will be added for purchases made by credit card. 

10. Withdrawal or Modification of Lots  bidmax, LLC   reserves the right to withdraw any property, before sale, and combine or divide lots as listed in the catalog. The interests of the seller are paramount and will dictate, within the guidelines of applicable rules, the method of offering items for sale.  

11. Rejection of a Bid and Dispute   The Auctioneer reserves the right to reject a bid from any bidder. The highest acknowledged bidder shall be the purchaser. In the event of a dispute, the auctioneer shall have sole discretion to determine the successful bidder or to re-offer and re-sell the lot in dispute. In all disputes, the decision of the auctioneer and, if needed, the auctioneer’s sales records shall be conclusive.  

12. Removal   All purchases must be removed in total on the date specified in auction publications or at the auction location. No purchases may be removed before the sale concludes. An invoice with evidence of payment must be presented at time of expected removal.  If not removed by the time established, the items will be deemed abandoned and the purchaser will lose any right, title or interest he/she may have acquired. Ownership shall return to the Auctioneer/Seller and the merchandise may be disposed of in any appropriate manner, without further notice to the purchaser. The purchaser shall relinquish any right to funds previously paid and be responsible for any deficiency remaining between the original purchase price and the final resale price.  

13. Auctioneer’s Limitation of Financial Liability for Purchased Items   If bidmax, LLC  is unable to deliver the items purchased, the purchaser’s sole remedy shall be return of amounts paid for the items in question.  

14. Lot Descriptions Are Not Warranties   Although bidmax, LLC  strives to be totally accurate, some lots may not be as detailed in the catalog or other publications. Any reference made to depict any aspect of a lot shall not be construed as a warranty in connection therewith. No sale shall be invalidated, or damages accrue, by reason of an incorrect description. The bidder should inspect the lot before placing a bid. As to estimated weights, counts or measures, if a discrepancy is found upon delivery, the purchaser shall be compensated according to a rate determined by the purchase price, and vice versa.  

15. Claims    All lots are for sale “as is”, “where is” without any warranty either expressed or implied. In any event, any liability to the purchaser shall not exceed the purchase price paid and no claims shall be considered after any item is removed from the auction facility. 

16. Agency   bidmax, LLC   is acting in the capacity of an agent and is not responsible for the acts of its principal.   

17. Risk to Persons and Property   Anyone in attendance for a preview, sale or removal of merchandise assumes any and all risk of loss to the person or property and releases the auction company, and its representatives, from all liability. Purchaser shall provide licensed and bonded professionals for removal and he/she shall assume any and all liability for acts or omissions of those acting on his behalf in the amount of at least one million dollars. All applicable federal, state and local regulations shall be adhered to, including those related to containment and removal of any chemical or biological hazards.