The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which personal property shall be offered for sale or sold through Jack Eubanks Auctions, LLC (the"Company"), for any consignor of such property for whom we act as agent.
All items are sold "AS IS, WHERE IS, WITH ALL FAULTS (KNOWN OR UNKNOWN)" and WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. You purchase items on your expertise, not ours. Written and oral descriptions are our opinion and should in no way be construed as a guarantee of any kind. Sizes, weights, measurements are approximate. There is ample time to preview for your careful inspection. If there are any doubts whatsoever in your mind regarding the age, condition, or any other feature of any item(s) offered, we recommend that you DO NOT BID on the item(s). ALL SALES ARE FINAL, there are NO REFUNDS. No statement, written or oral, made by the Company prior to or during the sale shall be deemed to express any warranty, representation, or assumption of responsibility/liability by the Company or any seller represented by the Company.
As used herein the term "bid price" means the price at which a lot is knocked down to the purchaser and the term "purchase price" means the aggregate of (a) the bid price (b) a buyer's premium of thirteen percent (13%), three percent (3%) discount with cash or approved check, of the bid price payable by the purchaser to the Company, and (c) unless the purchaser is exempt by law from the payment thereof, any North Carolina state or local taxes. A "Certificate of Resale" must be completed and received prior to time of purchase.
Accepted forms of payment include cash, approved check, wire transfer, or MasterCard/Visa. All checks are subject to verification. We reserve the right to (a) hold purchases until check clears, (b) require bank checks, or wire transfer, for large purchases, and (c) at the Company's discretion, require cash or bank checks for the purchase of oriental rugs. Buyers not known to us must provide a "Bank Letter of Guarantee", current bank statement, or similar proof of credit. Credit arrangements must be made prior to the day of the auction. If your bank, for any reason, returns a check, a twenty-five dollar ($25) processing fee will be charged PLUS any expenses incurred in the collection of the returned check.
If a lot is offered subject to a minimum opening bid, that minimum will be advertised and included with the description of the item(s). Otherwise, all other lots/items are offered without a minimum bid. Consignors shall not be permitted to bid on their own items. Owner buy-backs are not permitted.
The auctioneer is the sole judge in the event of a disputed bid. The auctioneer may reopen bidding at his discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. The company reserves the right to reject a bid from any bidder. The highest/successful bidder acknowledged by the auctioneer shall be the purchaser and thereupon assumes full risk and responsibility and will pay full purchase price for the said lot. If any dispute arises after the sale, the Company's sales records shall be conclusive in all respects. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.
In the event that the buyer of any lot fails to pay the purchase price thereof when due, the Company shall have the option, at its sole discretion, to (a) enforce payment by civil action or other proceedings against the buyer; (b) to void the sale as if said sale had not occurred; or (c) to exercise any other remedy or remedies available under law, including but not limited to a second sale of said item, including the subsequent enforcement of any deficiency against the initial buyer.
Absolutely no items may be removed without a paid invoice. The purchaser should remove all items on the day of the auction and no later than 4PM the day after the auction. The Company is not liable for any damage to items after they have been sold. A storage fee of $5 per day, per item, will be assessed for any items remaining in the custody of the Company by the close of business of the tenth day following the auction.
Absentee and telephone bidding is available. The Company should receive all telephone and absentee bids, secured with a VALID credit card number or a 25% deposit, no later than 6PM on the day prior to the auction. We cannot guarantee the implementation of bids received after that time and assume no responsibility for failure to execute any bid(s) for any reason whatsoever. Arrangements for bidding should be made as early as possible. Telephone bidding will be taken at the discretion of the Company. A telephone bid constitutes an opening bid of $100 or the published minimum opening bid, whichever is greater. An absentee bid constitutes a minimum opening bid of $25, unless bidder opts to enter a higher opening bid. Once a bid is placed, it cannot be changed or withdrawn after 6PM the day prior to the auction, due to processing time. The balance of the purchase price will be charged out (credit card) on auction day unless prior arrangements have been made. Payment with cash or approved check for successful absentee/telephone bids is required within 5 days of the auction. See Absentee and Telephone Bidding (instructions and form) for additional information.
Any auction where internet bidding or live real-time internet bidding is utilized, the Company assumes no responsibility for failure to execute any bid(s) for any reason whatsoever.
Shipping. We can assist buyers in making shipping arrangements by furnishing information on packers and shippers. Handling of purchased lots by the Company is at the risk of the purchaser. Final shipping arrangements and agreements are strictly between the purchaser and the shipper.
Bidding on an item indicates your understanding and acceptance of the
Conditions of Sale.
