Terms
www.FastBidAuctions.com Info@FastBidAuctions.com
Fast Bid Auctions LLC. (Auctioneer)
AUCTION PROCEDURE
- Register online to get a bidding number.
- Buyers are encouraged to contact the Seller in order to inspect item(s) and for greater details and/or disclosure on the item(s) prior to the auction.
- Highest bidder makes full settlement by the following Monday after the conclusion of the auction.
- The Auctioneer reserves the right to revoke any bid number at any time, even during the auction.
- Item(s) may be removed from the auction site or Seller’s premise upon presentation of paid-in-full invoice from the Auctioneer.
ALL ITEMS ARE SOLD "AS-IS, WHERE-IS, NO RETURNS"
REGISTRATION
All Bidders must be 18 years of age or older to register and be in good standing with the Auctioneer in order to bid on items listed on unreserved online or onsite auctions and on “equipment for sale” auction listings. The Auctioneer reserves the right to remove a bidder for not complying with the Terms and Conditions prior to bidding or during the auction process, if needed.
PAYMENT TERMS
All purchases must be paid for the Monday after the auction. Cash, credit card, certified check, wire transfer or personal check/company checks if they are accompanied by a guarantee from your bank. No merchandise will be removed until complete settlement is made. A 15% Buyer's premium will be charged to all item(s) selling. If items are not paid for by the following business day after the auction, the Auctioneer is given permission to charge the credit card on file which was provided to us to complete the transaction. Your credit card on file will be subject to a pending $1 charge. This is not a deposit and will not post to your credit card statement, it is just a pending charge.
SALES TAX
The Buyer is responsible for all applicable sales tax on items purchased in all auctions. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, the Buyer will be responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state) to the Auctioneer. All tax documentation must match the Buyer’s account details and invoices cannot be changed after the auction has closed. Sales tax can only be cleared from the Buyer’s invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due within the payment deadline. No items will be released to the Buyer until payment is received in full by the Auctioneer. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms as well as the Buyers premium.
TAX, LICENSES
All sales are subject to the sales tax and/or other applicable tax laws. Buyer assumes all responsibility for government issued licenses and/or inspection certificates as well as all required or associated licensing and inspection costs. Buyer agrees not to use any identification, trade name, licenses, and/or certificates belonging to or used by Seller or Auctioneer.
EQUIPMENT REMOVAL
Buyer agrees to remove purchase from Seller’s location within two (2) business days of winning the bid. Transportation, and any and all costs associated, will be borne by the Buyer. Should Buyer fail to remove purchase within the specified period of time, the Auctioneer or Seller may charge a storage fee of $10 per day until purchase is removed from Seller’s location. All such charges shall be the sole responsibility of the Buyer. The Buyer or the Buyer’s agent is responsible for arriving with a paid in full invoice and the appropriate equipment to safely transport the item purchased. If the transportation equipment to be used is viewed as unsafe, the Buyer or the Buyer’s agent may be turned away without the item, at the Buyer’s expense. The Buyer agrees to indemnify and hold harmless Seller, Auctioneer, and its agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. After 30 days of storage all items will be forfeited even if item has been paid for. The Auctioneer also maintains the right to suspend the bidding privileges of any Buyer who does not pick up items purchased in the auction within the specified terms. In the event the sale price of said item(s) not removed was $1,000 or less, Seller may dispose of said item(s) as Seller, in Seller’s sole discretion, sees fit without remuneration of any kind to Buyer. In the event the sale price of said item(s) not removed exceeds $1,000, Buyer and Seller agree said item(s) will be placed for sale in the next auction. In furtherance thereof, Buyer hereby irrevocably appoints Seller as its power of attorney for the purpose of re-listing and re-selling said abandoned property in such case, Buyer consents to and agrees that all storage fees, handling costs, sales commissions, and a 20% administration fee for the “re-sale” of the item(s) will be deducted from the final sale price and Buyer authorizes Auctioneer to make such deductions. Buyer, in such event, authorizes Seller, on its behalf, to transfer ownership/title to the new Buyer and Buyer agrees and acknowledges that any ownership interest Buyer has in said item(s) shall then terminate.
CERTIFICATE OF TITLE INFORMATION
Buyer appoints Auctioneer as its agent to accept delivery of the properly executed, marketable state-issued Certificate of Title with recorded liens properly released. Buyer will be contacted on the day of the auction via email regarding titling information. Auctioneer requires all title information including name(s) and complete address be communicated through email or any other written form, for our records. All titles will be endorsed as directed – no open titles will be issued. Title will be forwarded to Buyer via certified US Mail or equivalent no sooner than fourteen (14) days after receipt of complete payment, unless otherwise noted in item description, regardless of payment type. There is a $25 title processing fee, charged to the Buyer, on all titled items. Auctioneer is not responsible for any lost titles.
WARRANTIES – EQUIPMENT SELLS WITHOUT WARRANTIES
To the fullest extent permitted by law, the sites, services, and items sold by or through the Auctioneer are provided without warranties, express or implied, of any kind including without limitation implied warranties of non-infringement, merchantability, condition (whether or not discoverable), usability, fitness for a particular purpose, or as to brand, identity or quality of the unit, materials, components, or workmanship.
While the Auctioneer makes every effort to represent the equipment to the best of their knowledge, the Auctioneer makes no warranty or guarantee of the equipment. While every effort is made to convey verbal and written information, photos, and descriptions accurately, these are meant to be used only as guides. Auctioneer Representatives are not professional photographers. Photos may or may not depict all the good and bad ASPECTS of items.
NO OPERATIONAL ASSESSMENT IS PROVIDED BY THE AUCTIONEER
No testing or operational assessments have been made on items sold through the Auctioneer. Auctioneer only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours.
BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE
It is the responsibility of Buyers to inspect an item prior to bidding in order to assess the items operational condition, and suitability for use. Seller's contact information and location of the item will be provided with a listing description of each item for sale. Potential Bidders should contact the Seller for the exact location of an item, along with directions, and inspect the item before bidding. In no event does failure to contact the Seller or failure to inspect an item prior to bidding serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.
BUYERS RESPONSIBILITY TO DETERMINE SUITABILITY FOR USE REGARDING EMISSIONS
It is each Buyers responsibility to verify and determine if an auction item meets the emissions requirements in the County and State for which the item is to be utilized. Although, Auctioneer may provide notations or information as to emissions compliance it cannot be relied upon by the Buyer, and it is the Buyers ultimate responsibility to verify emissions compliance. No refunds or deductions will be provided the Buyer for the lack of an item being able to comply with any emissions requirement.
FAILURE TO INSPECT
It is each Buyers responsibility to inspect items. We encourage you to email, call, or show up to the preview to inspect items and gather more information. Failure to inspect an item prior to bidding is not grounds for a dispute, refusal to pay or refusal to take possession of the purchased item. If after reviewing a claim, in the Auctioneer's judgement there is no grounds for dispute, the transaction will be considered closed. Refusal to take possession of the unit at that point will result in forfeiture of the purchase price or 25% liquidated damages at Auctioneer's sole discretion.
AUCTIONEER IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS
Auctioneer is not responsible for statements, written or verbal, made by the Seller. Buyer should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. Bidder is to use their due diligence prior to bidding, as no bids will be retracted. There is no refund for any reason. Buyer is fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder.
RISK OF LOSS
It is the Buyer's responsibility to pick up or arrange pick up of items purchased in auction within specified pickup dates and times following the auction. If an item is not picked up within the specified timeframe for pickup following the auction, storage of $10 per day per lot will be added. After 30 days of storage all items will be forfeited even if the item has been paid for. In the event the sale price of said item(s) not removed was $1,000 or less, Seller may dispose of said item(s) as Seller, in Seller’s sole discretion, sees fit without remuneration of any kind to Buyer. In the event the sale price of said item(s) not removed exceeds $1,000, Buyer and Seller agree said item(s) will be placed for sale in the next auction. In furtherance thereof, Buyer hereby irrevocably appoints Seller as its power of attorney for the purpose of re-listing and re-selling said abandoned property in such case, Buyer consents to and agrees that all storage fees, handling costs, sales commissions, and a 20% administration fee for the “re-sale” of the item(s) will be deducted from the final sale price and Buyer authorizes Auctioneer to make such deductions. Buyer, in such event, authorizes Seller, on its behalf, to transfer ownership/title to the new Buyer and Buyer agrees and acknowledges that any ownership interest Buyer has in said item(s) shall then terminate.
COLLAPSED SALE
A "Collapsed Sale" shall be a sale that for any reason becomes null and void. You acknowledge that the Auctioneer reserves the right to collapse any sale between you and the Seller for any reason and may return any or all funds to you.
FAILURE TO PAY/BUYER PAYMENT DEFAULT
If a Buyer fails to pay for an item, they are subject to collection on the full purchase price and any associated taxes and fees, or if the item is sold to the second highest bidder or relisted by the Seller, any shortfall in resale price plus 25% of the final sale price in liquidated damages. Failure to pay will also result in the Buyer’s account being suspended from participation in all future auctions
*ABANDONMENTS
Should Buyer fail to remove purchased item(s) within two (2) business days of winning the bid, Buyer agrees to pay a storage fee of $10 per day until the item(s) is/are removed from Seller’s location. All such charges shall be the sole responsibility of the Buyer and paid directly to the Seller. The Buyer agrees to indemnify and hold harmless; Seller, Auctioneer, and its agents against all damages, liabilities, claims, or causes of action arising out of said property storage. If Buyer fails to remove the purchased item(s) within thirty (30) calendar days of winning the bid, Buyer stipulates and consents to the fact that said purchased item(s) shall be considered “abandoned”.
In the event the sale price of said item(s) not removed was $1,000 or less, Seller may dispose of said item(s) as Seller, in Seller’s sole discretion, sees fit without remuneration of any kind to Buyer. In the event the sale price of said item(s) not removed exceeds $1,000, Buyer and Seller agree said item(s) will be placed for sale in the next auction. In furtherance thereof, Buyer hereby irrevocably appoints Seller as its power of attorney for the purpose of re-listing and re-selling said abandoned property in such case, Buyer consents to and agrees that all storage fees, handling costs, sales commissions, and a 20% administration fee for the “re-sale” of the item(s) will be deducted from the final sale price and Buyer authorizes Auctioneer to make such deductions. Buyer, in such event, authorizes Seller, on its behalf, to transfer ownership/title to the new Buyer and Buyer agrees and acknowledges that any ownership interest Buyer has in said item(s) shall then terminate.
In the case of titled vehicles, Buyer agrees to promptly return the title for said vehicle to Auctioneer within 7 days after said vehicle has been considered abandoned by these terms. In the event Buyer fails to do so, Buyer hereby irrevocably appoints Seller as its power of attorney for the purpose of applying for a lost, or other such replacement title, including any associated paperwork needed to obtain such title, so as to allow for the disposition or re-sale thereof. In the event of re-sale, upon receipt by Auctioneer of such resale amount, any proceeds remaining after the deductions as set forth herein, will be returned to the abandoning Buyer, provided Auctioneer is able to determine a method for doing so. It shall be the duty and responsibility of Buyer to keep the Auctioneer updated on Buyer’s correct contact information. Buyer agrees to indemnify and hold Auctioneer harmless from Buyer’s failure to timely remove the purchased item(s) as agreed, as well as for Buyer’s failure to keep Auctioneer updated on Buyer’s current contact information. Auctioneer also maintains the right to suspend the bidding privileges of any Buyer who does not pick up item(s) purchased in the auction within the specified terms.
Entering into a separate storage agreement with the Seller is between the Buyer and Seller, and Auctioneer has no responsibility for resolving any subsequent conflicts or disagreements which arise between Buyer and Seller.
ACCESS TO FASTBIDAUCTIONS.COM WEBSITE
Auctioneer does not guarantee uninterrupted, secure access to fastbidauctions.com. Auctioneer is not liable or responsible for interruptions, terminations, or corruptions of any online audio feed, video feed, or other internet registration, bidding, or other online-related services that occur before, during, or in connection with the online or onsite auctions, regardless of the cause or fault. Buyer agrees to hold Auctioneer harmless for any such interruptions or Buyer’s inability to effectively use fastbidauctions.com.
Auctioneer reserves the right to prevent, disable, and or suspend users access or use of www.fastbidauctions.com or any of the family of sites, either on a temporary or permanent basis for any reason, including and not limited to the reasons mentioned previously or for any activity that imposes a risk to the safety or security of our site experience.
*INTERNATIONAL BUYERS
Any Buyer registering outside the Continental United States (US) or relying on financial transactions for auction payment outside the US, will be considered an International Buyer and subject to the following payment and removal terms:
All payments must be in US Dollars. All payments are required within the 48-hour deadline following the close of the auction via bank wire or a Buyer initiated ACH payment and will include the invoice amount plus a $50 processing fee. Payments may also be made by credit card (MasterCard, Visa, or Discover) for Auction purchases less than $5,000, however, a (5%) percent convenience fee will apply to credit card payments. Credit card payments will be administered through a third party, Elavon, for Auctioneer. Elavon will receive the card information. Bidding and payments are in United States currency (US) and are to be funded by either a US account or a US intermediary account. There are no exceptions or extensions, so plan accordingly for any international holiday that may prevent the Buyer from making payment as agreed. Only US holidays that would close US financial institutions are recognized.
Proof of identity and US funded financial contact information may also be required upon successful registration. No changes to invoices for export are permitted following the auction, so accounts need to be established using the same name and address as pertains to the Buyer exportation information and sales tax documentation.
If payment is not received as agreed, you are subject to 25% liquidated damages of the final invoiced value and removal from future auctions; as well as loss of the item purchased.
It is the Buyer's responsibility to pick up or arrange pick up of items purchased in auction within fourteen (14) calendar days of winning the bid. Upon winning the bid the Buyer assumes full responsibility for delivery and all ownership risks including, but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all other acts of God. Additionally, all disputes must be filed in writing within 14 calendar days of winning the item in auction.
All customs requirements or transportation needed for an international purchase need to be completed within the 14-day removal deadline. Should Buyer fail to remove purchase within the specified period, Auctioneer or Seller may charge a storage fee of $10 per day until purchase is removed from Seller’s location. All such charges shall be the sole responsibility of the Buyer. The Buyer agrees to indemnify and hold harmless Seller, Auctioneer, and its agents against all damages, liabilities, claims, or causes of action arising out of said properties use, storage, and removal. As we are restricted for resale purposes for US based sales only you as an international Buyer forfeit rights to the item if not removed as agreed and ownership will return to the Seller immediately for disposal at their discretion. Auctioneer also maintains the right to suspend the bidding privileges of any Buyer who does not pick up items purchased in the auction within the specified terms.
Entering into a separate storage agreement with the Seller is between the Buyer and Seller, and Auctioneer has no responsibility for resolving any subsequent conflicts or disagreements which arise between Buyer and Seller.
By completing the registration process to bid, you affirm that you have reviewed, comprehended, and consented to all the terms and conditions provided. You are accountable for all bids made from your computer or through your Bidder Account. Should a winning bid be placed from your computer or via your bidder account, you will be recognized as the Buyer upon verification by the Auctioneer.