Auction Terms & Conditions
1) Everything will be sold as is where is with no warranty or guarantee, expressed or implied, statutory or otherwise of any nature whatsoever.
2) Each and every lot will be sold as is, where is, specifically, but not restrict to generality of the foregoing, the Auctioneers make no representation or warranty that any of the lots sold conform to any safety or pollution standard, law or regulation, are fit for any particular purpose, are merchantable, able to be financed, or are of any particular age, year of manufacture, model, make or condition.
3) Bidder agrees that he has satisfied himself as to all matters relating to the items sold and is not relying on the Auctioneers, nor are Auctioneers liable, for any matter in respect of the Above.
4) All sales are final and no sale shall be invalidated for any reason whatsoever. It is your sole responsibility to inspect each piece of equipment you wish to bid on. You must determine the condition of the machine and bid according to your own judgment.
5) This catalog is a guide only. All descriptions in this catalog are believed to be correct, However neither the owner nor the Auctioneers are responsible for any errors in description or conditions. All lots are available to the public for inspection prior to the sale. All purchases are based on your inspection and your inspection only.
5) Any announcements made sale day by the Auctioneers regarding the sale of this equipment shall take precedence over any printed matter.
6) The Buyer is responsible for insuring items purchased from the moment their bid is accepted.
7) Settlement of Auction Invoices
a) IN PERSON BIDDING Settlement arrangements must be made for all items on the Auction Date. We accept cash, major credit cards, and checks (if over 10,000 must be accompanied with a Bank Letter of Guarantee) with proper id. Any items not paid for with in 3 business days may be charged to the card provided at the time of registration regardless of removal status.
b) Internet Payment Terms: Complete Payment is required by the end of the published loadout, in guaranteed funds: wire transfer, traveler's checks, money orders and/or bank certified checks. Credit card payment will be accepted by Visa, Master Card, American Express & Discover. If you have not made other arrangements in writing all outstanding charges will be billed to the card used for registration. Any items not paid for by the end of loadout may be charged to the card provided at the time of registration regardless of removal status.
8) All Purchases $5,000 and greater are subject to an administrative fee of 10% on the 1st 5,000 & 2.5% on the remaining balance and all purchases 4999.00 and less are subject to an administrative fee of 10% per lot
9) There is an 3% administrative fee that will be discounted/waived for all non electronic forms of payment ie cash, check, wire transfer.(Your invoice will show the cash/check amount.) This administrative fee will not show on an invoice until a card is charged as finial payment. 10) Buyer will take immediate possession upon proper settlement. All sales are subject to State Sales Tax Laws. No items are to be removed until complete settlement for all items purchased has been made. Buyers are responsible for breaking down equipment for transport. 11) In the event a Bidder fails to pay for an item, the Auctioneer may at his discretion, treat the purchased articles as property of the Bidder and will hold possession and could resell such items without notice to and at the Bidders expense and recover from the Buyer any loss or cost incurred from the resale. 12) If for any reason the Buyer fails to remove any lot within the time specified, the lots shall be deemed abandoned, and the Auctioneers, at their sole discretion may resell, remove and Store the Said lot at the Buyer's sole risk and expense, in addition, buyer shall be liable for any rent incurred or damages suffered by the Auctioneers because of the buyer's failure to remove any lot. 13) Any dispute arising as to any bidding shall be settled by the Auctioneer at their sole discretion and the Auctioneers may, immediately, put the lot in dispute up again for sale. 14) The Auctioneers reserve the right to refuse any bid, which is considered to be an insignificant advance over the preceding bid. 15) Bidder/buyer is deemed to have accepted a lot when he makes a bid. No titles will be given out on sale day. 16) Titles will be mailed out by certified mail the later of, (1) ten banking days after the auction or (2) ten banking days after payment of your item is received. If, for any reason whatsoever, the Auctioneers are unable to make available or otherwise effect delivery an any lot or clear title to same, or any necessary documentation required in respect of any lot, whether before or after delivery o such lot, the Auctioneers sole liability, if any, shall be the return of any monies paid on such lot upon return of the particular lot. Any lot the subject of this paragraph shall be returned or surrendered to the Auctioneers forthwith upon demand to be the sole option of the Auctioneers. 17) Auctioneers may, at any time, at their sole discretion and without notice or liability to Bidder withdraw or cancel the sale of any lot or offer any lots in groups or with privilege. 18) The Auctioneers reserve the right to refuse any applicant a bidding card, the privilege of bidding at this auction sale, and to revoke such privilege at any time. 19) Bidder acknowledges that an Auction Site is 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 or the activities on the premises. No person shall have any claim against the Auctioneers, their agents, employees, or principals for any injuries sustained nor damages to loss property, which may occur from any cause whatsoever. 20) This agreement has been delivered to J&J Auctioneers LLC and accepted by J&J Auctioneers in the State of New Mexico. If there is a lawsuit, the bidder agrees to submit to the jurisdiction of the Courts of Harding County, New Mexico. This agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. For More Information Contact J & J Auctioneers LLC.