PLEASE DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE.
ONSITE & ONLINE AUCTION
ANY ANNOUNCEMENTS MADE THE DAY OF THE AUCTION SALE SUPERSEDES PRINTED MATERIAL/WEBSITE INFORMATION.
When you bid on any item, you are entering into a binding contract. If your bid is the winning bid, you are required to pay for and pickup your items.
CATALOG: The catalog is provided as a convenience and each item of merchandise or personal property is often referred to as a "lot". A “lot or lot number” may have several pieces included or may be only one item. The seller and auction company reserve the right to add or remove any lot, whether listed or printed in the brochure/catalog. Although statements printed in the catalog and those made by the auctioneer have come from what is thought to be reliable sources, purchaser must understand he/she is buying entirely upon his/her own examination and opinion of condition from the pictures/video or onsite inspection. Please inspect each lot of personal property and merchandise prior to bidding. PHOTOS, VIDEOS AND DESCRIPTIONS ARE NOT GUARANTEED TO CAPTURE ALL SPECIFICATIONS OR DEFECTS ABOUT AUCTION ITEMS. Descriptions are believed to be correct but are not guaranteed to be. Rogers Auction Group makes every effort to make accurate descriptions. However ALL items are sold AS-IS. The auction company is not responsible for accuracy of descriptions including, but not limited to, make, model, horsepower, MPG, year of manufacture, serial numbers, engine type, condition or mileage. Descriptions may be changed up to auction day. All sales will be conducted according to applicable state laws.
AS IS - Everything sells "AS IS" with no warranties given or implied. The auction company makes every effort to describe assets to the best of its ability but there are no guarantees as to the condition, quantity, quality, condition, age, color, or usefulness of lots sold in the auction. Everything sells with all faults, conditions, damage, defects, and flaws. The buyer will take the assets, personal property, items, lots or merchandise in the condition existing. No refunds/returns regardless of condition.
PREVIEW: A preview of the items being sold will be held on Monday, August 28 from 8:30am-4:00pm at 730 Oakridge Farm Hwy, Mooresville, NC 28115. We strongly encourage bidders to preview the assets being sold. All sales are final. No refunds will be given under any circumstances. No exceptions! Buyer is responsible for determining the condition of all assets.
PAYMENT TERMS: Auction company will accept payment by cash, wire transfer, certified check and credit card. All successful online buyers must be available at the conclusion of the sale to make payment arrangements. PAYMENT IN FULL IS DUE BY FRIDAY, SEPTEMBER 1 AT 3:00PM. PLEASE NOTIFY YOUR BANK PRIOR TO USING ANY CREDIT/DEBIT CARDS (VISA AND MASTER CARD ONLY) TO AVOID ANY DELAYS IN PROCESSING. A 3.2% CREDIT CARD FEE WILL BE ADDED TO INVOICES PAID BY VISA/MASTERCARD.
For wiring instructions or credit card payments call 336-789-2926 and ask for Anita, Malea or Susan. WIRING INSTRUCTIONS WILL ONLY BE GIVEN VIA A FAX LINE! All wire transfers must be scheduled with your bank by THURSDAY, AUGUST 31 before 2:00 PM EST to ensure payment is transferred to Rogers Account by FRIDAY, SEPTEMBER 1. After 48 hours the Credit Card on file at time of registration will be charged if payment arrangements have not been otherwise made. If buyer does not pay in allotted time they will be banned from future auctions.
DEADLINE TO PAY IS FRIDAY, SEPTEMBER 1 AT 3PM
REMOVAL FROM PREMISES - Removal for equipment will be held on Wednesday, August 30 at the close of the auction until 4:00pm, Thursday, August 31 & Friday, September 1 from 8:30am-4:00pm, Saturday, September 2 from 8:30am-1:00pm and Tuesday, September 5 from 8:30am-1:00pm at 730 Oakridge Farm Hwy, Mooresville, NC. Large items cannot be removed until after the auction is completed. Lot has limited space and bidders must make a removal appointment for all trucks, trailers and haulers. If you do not remove purchases at the stated times you will forfeit your purchases back to the seller. YOU MUST HAVE YOUR LOTS CHECKED BY AUCTION STAFF WITH YOUR PAID RECEIPT prior to removing from the site. All articles, items or vehicles shall be removed from the sale area by the buyer at their expense. Buyers are responsible for all removal, loading, moving and hauling of all purchases. The auction company and/or the seller will not have any way of loading vehicles/equipment. The auction company and/or seller will not ship or pay for shipping or hauling to the buyer! All items must be paid in full before removal! Bidders who do not pickup their items at the scheduled time will be considered to have abandoned their purchases and agree that they will not be entitled to any refund or adjustment.
HIGH BIDDER - The auctioneer has the sole discretion to determine the highest bidder for any and all lots. At the fall of the hammer or other customary method of declaring lots sold the ownership transfers to the buyer.
STARTING BIDS –RESERVE BIDS - The auctioneer reserves the right to start the bids on all lots. The auctioneer reserves the right to bid to the reserve amount, if any, on behalf of the seller.
ALL SALES FINAL - No claims can be made after the auction and no refunds will be given regardless of condition of items.
RECORDS: The records of bookkeeper are final in case of a misunderstanding over the bid price. Auction will be taped.
POSSESSION - The auction company may HOLD LOTS NOT PAID FOR IN FULL OR NOT PAID WITH FUNDS AS STATED ABOVE. Bidders that comply with the terms of payment may remove their lots the day of auction unless otherwise stated or announced by the auction firm.
ABSOLUTE/RESERVE AUCTION - All items will be sold to the highest bidder.
BUYER'S PREMIUM - A Buyer's Premium of 10% is added to the last and highest bid to determine purchase price.
CREDIT CARD PROCESSING FEE - A 3.2% processing fee will be added to all invoices paid with a credit card.
SALES TAX: All items without a title will be charged 6.75% NC Sales tax. If you are tax exempt and have a NC resale number, we must have a NC E-595E Form on file for you by Tuesday, August 29.
TITLES: TITLES WILL BE MAILED WITHIN 14 DAYS OF SALE DATE BY USPS. BUYERS WILL BE SENT THE TITLE, BILL OF SALE AND DAMAGE DISCLOSURE.
UNIFORM COMMERCIAL CODE:
Section 2-328 of the UCC provides federal law regarding a sale by auction. The code reads that a sale by auction is complete when the auctioneer so announces by the fall of hammer or in other customary manner. A bid is a legal binding contract between bidder and auctioneer. Reopening a bid is at the sole discretion of the auctioneer. Failure to complete a payment in good faith, stopping payment on checks or refusing to pay for goods or assets purchased at auction may result in legal action against the buyer.
“Auctioneer reserves the right to refuse to register any prospective bidder for any reason, or to require a cash deposit from a prospective bidder of an amount designated by Auctioneer and paid in advance by the prospective bidder to Auctioneer. Such deposit will be applied to any purchases made at the auction by the prospective bidder. At the end of the auction, Auctioneer will refund any portion of this deposit that has not been applied to purchases. Furthermore, Auctioneer may terminate online bidding privileges for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. At preview and/or removal, the auction firm may ask a bidder to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the laws.”
ONLINE BIDDING: Rogers Realty & Auction Co., Inc. is providing online bidding before and during the auction as a service to bidder. ONLINE BIDDING WILL BE PROVIDED THROUGH PROXIBID AND EQUIPMENTFACTS. You must register to bid online in advance on Proxibid's or Equipmentfacts' website. You must be pre-approved before you receive a bidder number. The approval process could take up to 24 hours. The auction company may refuse to register anyone at its sole discretion. Bidder acknowledges and understands that the online bidding service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Rogers Realty & Auction Co., Inc. or anyone else providing online bidding if the Internet service fails to work correctly before or during the live auction. Rogers Realty & Auction Co., Inc. will not be responsible for any missed bids from any source. Rogers Realty & Auction Co., Inc. reserves the right to withdraw or re-catalog items in this auction. The auction company will not be liable for any faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure for any online bids that are not relayed on time to the auction company. The seller and the auction company reserve the right to postpone, reschedule or cancel the auction for any or no reason without notice to bidders. The seller and the auction company also have the right to extend bidding or delay bidding without any notice to bidders.
DEFAULT OR DELAY: The auction company reserves the right to reclaim and resale any assets not paid for by the buyer. Should the resale price be lower than the defaulted buyer's price, Seller and/or Auction Company reserves the right to seek the difference from the initial buyer. All fees for collection, court fees, or attorney fees will be the responsibility of the original buyer that caused the default. All sales are final. No refunds are given.
DISPUTED BIDS AND INCREMENTS: In case of a dispute over who is the high bidder, the auctioneer has the sole discretion to determine the high bidder.
DISCLAIMER: The auction company provides the catalog, descriptions, lot information and advertising data which is believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections by catalog and website viewing only and the due diligence prior to bidding. Everything sells strictly AS IS. The auction company makes every effort to describe assets to the best of its ability but there are no guarantees as to the condition, quantity, condition, age, color, or value of the merchandise or real property sold online. Buyer agrees that buyer may not cancel their purchase for any reason.
ACKNOWLEDGMENT: Buyer acknowledges that he/she has read and understands terms and conditions and will abide by all terms and conditions of sale. All items are sold AS IS, WHERE IS with no guarantees or warranties. Rogers Realty & Auction Co., Inc. will not be responsible for any guarantees or warranties or for the genuineness of the description of the items purchased. See more at: http://rogersauctiongroup.com - See more at: www.RogersAuctionGroup.com - NCAL#685.
SPECIAL NOTICE: The seller and/or Rogers Realty & Auction Co reserve the right to postpone, reschedule or cancel the auction for any or no reason.
NC Firm #685, VA Firm # 2, SC Firm #1874