Terms and Conditions
Note: Terms and Conditions vary, see each Auction for specific details.
- Items will be offered in units of piece, feet or in bulk to the highest
bidder.
- A 12.5% Buyers Premium will be added to all purchases.
- 25% cash deposit required to bid: balance to be paid within 24 hours after
written acceptance of bid. Payment must be made in cash, cashier's check,
certified check, or wire transfer payable to CMA.
Wire Transfer Information:
American River Bank
520 Capitol Mall Suite 100
Sacramento, CA 95814
Phone (916) 231-6501
CMA Auction Services account no. 510707693
ABA routing no. 121140263
No personal or company checks accepted without a Bank letter of guarantee
or prior approval by auctioneer. Full payment must be made before removal
of purchase. In the event the purchaser fails to pay the purchase price within
the time limits set forth in the catalog and/or announced by the auctioneer
at the sale and/or fails to comply with any of the terms of sale, the seller
may resell at public or private sale any and all of the purchaser's merchandise
in the possession of auctioneers. Purchaser hereby agrees to pay any deficiency
resulting from such resale together with all charges, fees and expenses in
conjunction with such resale and further agrees that auctioneer may retain
the auction deposit to be applied to any such deficiency.
- ITEMS WILL BE SOLD ON AN AS-IS BASIS WITHOUT ANY WARRANTY OR REPRESENTATION
WHATSOEVER. ALL SALES ARE FINAL. Purchaser agrees to pay all costs of removal
and purchaser does hereby indemnify and hold harmless auctioneers and seller
for any and all damage, claim or liability, for injuries to persons or property
caused by the removal of items purchased.
- No purchases may be removed until the conclusion of the auction. Following
conclusion of the auction, merchandise purchased must be removed from the
premises within the time limits announced by the auctioneer at the sale.
Any merchandise not removed within that time limit shall be deemed to have
been abandoned by the purchaser and ownership thereof reverts to the seller.
Any deposit or other payment made by the purchaser to the auction shall be
retained by the auctioneer as liquidated damages for the failure of the purchaser
to comply with the purchase agreement.
- While quantities, descriptions and capacities are believed to be correct,
there are no guarantees and the auctioneers, owners and advertising media
will not be held responsible for any written or verbal discrepancies or inaccuracies
whatsoever.
- Overages or shortages above or below estimated counts will be adjusted.
However, such adjustments must be made before removal of merchandise from
the premises.
- The auctioneer reserves the right to group lots, make lots smaller or
to add to or delete or to change numerical sequence of lots at his sole discretion
and reserves the right not to accept or acknowledge any bid which is merely
a fractional advance over the preceding bid.
- The auctioneers assume no responsibility for any liability once title
passes.
- In the event of a tie bid, the auctioneer has the right to reopen the
bidding to determine the highest bidder. Unless otherwise announced by the
auctioneer in the auction brochure or at the time of the sale, the sale is
"with reserve" and, therefore, the auctioneer may withdraw any item from
the sale until he announces completion of the sale of that item by announcing
"sold". Notice is hereby given that the seller has reserved the right to
bid on any lot being offered for sale unless an announcement is made at the
time of the sale that the right to bid by or on behalf of seller has not
been reserved.
- Sales taxes will be added to purchase price of all taxable items. Dealers
who purchase for resale must pay the sales tax or provide satisfactory proof
that the purchaser has a valid sellers permit and submit a signed written
certificate that the item is being purchased for the purpose of resale.
- The auctioneer shall in no event be liable to the purchaser for non-delivery
of any lot for any reason except for the return to the purchaser of the deposit
or monies paid for such non-delivered lots.
- In the event that it becomes necessary for the seller or auctioneer to
commence an action to enforce the terms of this agreement or to collect a
check returned for non-sufficient funds or stop payment, the purchaser and/or
maker of the check agrees to pay all attorneys fees so incurred.
- Out-of-State buyer's Certificate to clear sales tax: "I certify that
all merchandise to be purchased at this sale is for delivery to another state
and seller shall deliver to designated carrier for that purpose. Costs incurred
by seller for such shipments shall be added to bid price, unless buyer makes
arrangements for such costs with carrier."
- Shipment of items Out of State. As a condition of any sale to be shipped
out of state, the auctioneer shall maintain possession and control of the
property until such time as the item is delivered to a common carrier for
shipment out of state. The shipment for items purchased will be made to any
point outside of this STATE as designated by the successful bidder pursuant
to and as a part of the contract of sale. In the event disassembly or packing
or both are required with respect to any item to be shipped out of state,
any costs incurred by the seller for such disassembly or packing or both
shall be added to the bid price.
- Under no circumstances can the auction item(s) be removed during the
time the auction is being conducted. The removal (check-out) period will
be announced at the time of auction.
- Any material handling equipment being sold at the auction will be used
in the removal of auction item (s) during the removal (check-out) period.
Purchasers acknowledge that this equipment will not be picked up until the
final day of check-out
- Proxy bids may be submitted to CMA prior to the auction if accompanied
by cash or cashier's check for 25% of the bid. All proxy bids will be held
in confidence.
- Announcements on the day of the sale take precedence over all written
materials.
- The auction is in accordance with local, state and national commercial
and penal codes.
- The auction is being conducted pursuant to Section 2328 of the Commercial
Code, Section 535 of the Penal Code and the provisions of the California
Auctioneer and Auction Licensing Act. CMA Auction Services employs only licensed
California Auctioneers. The auctioneer and Auction Company have a bond on
file with the Secretary of State.
- All Purchases must be removed from the premises no later than specified
posted dates for each individual auction.
- Beware, any damage caused to the auction premises upon removal of any
lot by the Buyer, is Buyer's responsibility.
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