Receivership Auction of D.W.H. Painting Company, Inc. | File No. 25CV004692-310

By registering and placing a bid, you acknowledge that you have read and agree to the Terms & Conditions outlined below. DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE.

CREDIT CARD HOLD/REGISTRATION AUTHORIZATION: Registration authorization is required for first time bidders prior to bidding and will be authorized on your credit card. The $50.00 is held by your individual bank or credit card company according to the length of time that they hold authorizations. This is NOT a charge from the auction company and is similar to putting down a credit card to hold a hotel reservation. If you do not make any purchases, you will have no charges against your account. This authorization is separate from your purchases and will not be applied to your final payment as it is ONLY authorized and not charged to your account.

When you bid on any item, you are entering into a binding contract. If your bid is the winning bid, your credit card will be charged and you will be required to pickup your items at the scheduled removal times.

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.

Online bids are non-reversible. All assets are sold AS-IS.

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. Please inspect each lot of personal property and merchandise prior to bidding. 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.

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 January 23 & January 28 from 10am-4pm at 74 East End Ave., Durham, NC. We strongly encourage online bidders to preview the assets being sold. All sales are final. No refunds will be given under any circumstances. No exceptions! Photos for online viewing and descriptions of items are not guaranteed to be correct. Buyer is responsible for determining the condition of all assets. Descriptions may change up to sale day!

REMOVAL OF ITEMS - Items should be picked up on February 3-4 from 9am-4pm at 74 East End Ave., Durham, NC. 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. This is the only removal time available. NO EXCEPTIONS! Buyers are responsible for all removal, loading, moving and hauling of all purchases. The auction company and/or the seller will not be providing loading assistance during removal. 

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 digital 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. All lots sell to the highest bidder without reserve or minimum bids.

RECORDS - The records of the bookkeeper are final in case of a disagreement over the bid price for any lots.

PAYMENT - Terms of payment are Cash or Certified Check for lots 1-17 and paint/texture sprayers. All other items are Credit Card Only. Credit cards will be charged automatically at the close of the auction. NO REFUNDS! If a buyer fails to pay in full for their purchases, the account will be turned over to a collections agency.

Credit Card Payments & Chargeback Policy: All credit card payments are subject to verification. Buyers paying by credit card may be required to provide a copy of a valid government-issued photo ID and a copy of the credit card used for payment. The name on the bidder account must match the name on the credit card and photo ID. If verification cannot be provided, Rogers Realty & Auction Co. reserves the right to decline payment or cancel the transaction.

By submitting payment, the buyer authorizes the charge and acknowledges responsibility for all charges incurred. Credit card disputes or chargebacks are not permitted once payment has been authorized and property has been released, picked up, or transferred. Any attempt to dispute or reverse a valid charge after authorization, pickup, or transfer of possession will be considered a breach of these terms and may result in legal action to recover funds.

Failure to provide requested verification may result in payment being declined, the transaction voided, loss of bidding privileges, and/or permanent suspension from future auctions.

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.

TITLES: TITLES WILL BE MAILED WITHIN 15 DAYS OF PAYMENT. Titles will not be given to the buyer on site.

SALES TAX - 7.5% NC sales tax will be charged on all non-titled assets. If you are tax exempt and have an NC resale number, we must have an NC E-595E Form on file for you prior to the auction closing.

BUYER'S PREMIUM - A Buyer's Premium of 10% is added to the last and highest bid to determine purchase price.

FEES - A credit card fee of 3.2% will be added to all invoices paid by credit card.

Maximum Bid: The maximum amount you are willing to pay for a lot. The price will only increase by the minimum increment, but will automatically raise to your maximum bid as others bid up the lot over time.

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 the 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 purchased at the auction may result in legal action against the buyer and may result in the collection being turned over to a collection agency.

Qualified Bidders:
“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.”

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.

ONLINE BIDDING: You must register in advance by clicking on Register to Bid and agreeing to terms for online bidding including submitting a credit card. You must be pre-approved before you receive a bidder number. The auction company may refuse to register anyone at its sole discretion.

TECHNICAL PROBLEMS: The auction company provides online bidding as a convenience for those that cannot attend the live 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 auction company reserves the right to extend bidding, delay bidding, continue with live bidding, or cancel bidding, without any notice to online bidders.

DEFAULT OR DELAY: If the buyer delays closing for any reason the buyer may be declared in breach of contract and will forfeit all deposits made and the seller may resale the property to another bidder/buyer. The buyer may be responsible for all cost to the seller or the auction company for subsequent resale. The seller may have other rights to pursue damages or costs from the defaulted bidder/buyer as allowed by law.
The auction company reserves the right to reclaim and resale any assets not paid for by the online 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 online 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.

AUCTION END TIMES: The online bidding is a timed event. 3 lots will close every minute beginning at 12:00pm on February 2. Auction Company reserves the right to extend the auction in 1 minute segments for any and all bids received in the last 1 minute of the auction.

DISPUTES: Any disputes that arise between the auction company, the seller, the seller's agents and the buyer will be dealt with by arbitration in Surry County, North Carolina.

DISCLAIMER: The auction company provides data, advertising, maps, that is believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections and 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 purchase for any reason.

The bidder agrees to all terms and conditions of the auction and should read the detailed terms.

LICENSES: NC Firm #685, VA Firm #2, SC Firm # 1874