General Terms and Conditions
AUCTION REGISTRATION, BIDDING AND SALES AGREEMENT
This AUCTION REGISTRATION, BIDDING AND SALES AGREEMENT (the "Agreement") is entered into between the Bidder/Buyer as check marked in the Agreement section of the registration page (the "Bidder/Buyer") and Southeast Auction Company as auctioneer (the "Auctioneer"). Bidder/Buyer agrees that the terms listed below shall govern the auction and sale and he/she agrees to be bound by them.
1. Everything is sold "AS IS, WHERE IS", and "WITH ALL FAULTS" and the Auctioneer and the seller and/or owner of each item expressly disclaim any warranties. By bidding, Bidder/Buyer acknowledges that he/she has inspected the property that he/she is bidding upon and/or buying. Bidder/Buyer are responsible for their purchases when auction has ended and they are high bidder. The acceptance by the site of the last bid constitutes an oral contract between the seller and the Bidder/Buyer and is legally binding. The Bidder/Buyer agrees that he/she has examed this merchandise and accepts the way it is. ALL SALES ARE FINAL. THE ITEM(S) SOLD CANNOT BE RETURNED FOR ANY REASON. Do not bid on an item and then claim a mistake was made. There will be no rebids.
2. All information included in all statements in Southeast Auction Company publications, catalogs, ads, brochures, website, signs and auction tags, have come from the owner of the item prior to the time of the sale and the Auctioneer has not independently verified any of the same.
3. All parties acknowledge that Southeast Auction Company is not, in any way, the agent of the Bidder/Buyer. The Auctioneer owes no fiduciary duties of loyalty and faithfulness to the Bidder/Buyer.
4. All sales are subject to sales tax where applicable. Bidder/Buyer shall pay all city and state, sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer’s Purchase Fee and any other applicable fees. Bidder/Buyer agrees and understands that the total amount of the purchase and all of the fees and taxes must be paid within 7 days of purchase.
5. Pick up of merchandise may be made after payment has been made to the Auctioneer and verified by your bank. Titles will be mailed within 30/60 days after sale or as soon as possible. The Auctioneer is, in no way, responsible for the provision or transfer of title, which shall come from the Seller. Bidder/Buyer understands and agrees that Auctioneer is not responsible for obtaining or providing to the Bidder/Buyer a title, a replacement title or any other similar documentation including in the event that the title or other appropriate documentation of ownership is lost, stolen or not provided to the Auctioneer or not legally transferable to the Bidder/Buyer. All buyers are responsible for completing transfer of title.
6. Bidder/Buyer may pay with wire transfer, money orders or cashier’s check. Company or personal checks are acceptable as well only if accompanied by letter to the Auctioneer’s sole satisfaction from the Bidder/Buyer’s bank guaranteeing payment in full.
7. If any check given as payment is returned for any reason, including, but not limited to, insufficient funds, or stop payment, Bidder/Buyer agrees that Bidder/Buyer is responsible for and required to pay all attorney’s fees incurred by Auctioneer as a result thereof together with all court costs, arbitration costs and associated expenses. Additionally, in the event of non-payment, stopped payment or bad check, Bidder/Buyer understands, agrees and specifically conveys to the Auctioneer the right to repossess, at any place, including the Bidder/Buyer’s location or residence, the merchandise involved.
8. Auctioneer agrees that merchandise may remain on the sale premises for a reasonable (in the sole discretion of the Auctioneer) period of time following the sale not to exceed 2 weeks. The date by which all merchandise must be removed from the premises (never to exceed 2 weeks).
At the maximum, all units must be removed from auction sale yard within two (2) weeks from the auction date. This includes weekends, holidays, etc. Failure to remove within allotted time will result in a storage fee being due from Bidder/Buyer to Auctioneer on all days beginning on the fifteenth day (or the day after the announced allotted time, if different) until the unit is removed. The storage fee of $5.00 per day will be due and payable to Auctioneer at time or removal on each unit. Additionally, if items are not removed within the given time, the Auctioneer may, at its sole discretion, remove items or have items removed from the premises. The Bidder/Buyer will pay all costs for such moving/storage. Bidder/Buyer agrees that Auctioneer has no liability for loss or damage to items left for any period of time at the premises of the Auction or far liability for loss or damages during moving and storage made necessary by the Bidder/Buyer’s failure to remove the item from Auctioneer’s premises within the given time and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale.
9. Bidder/Buyer acknowledges responsibility for any personal injury or property damage caused by Bidder/Buyer or his or her agent, and further agrees to hold Auctioneer harmless for any personal injury to himself or his agents and any property damage incurred on sale premises.
10. The terms and conditions of this contract cannot be altered or changed, except by agreement in writing executed by all parties hereto, and shall insure to the benefits or, and be binding upon, not only the parties hereto, but also their respective heirs, successors, executors, administrators, and/or assigns.
11. If any provision of the contract shall for any reason be held to be invalid or unenforceable, such invalidity or enforceability shall not effect any other provision hereof, but this agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
12. It is specifically intended by the Auctioneer and the Bidder/Buyer that the seller or owner of any item or property sold to the Bidder/Buyer or on which the Bidder/Buyer bids specifically including Alabama Liquidation and Collection Agency, Inc. shall be considered and is a third-party beneficiary to this Auction Registration, Bidding and Sales Agreement. The terms and conditions of this Agreement are meant and construed to inure to the benefit of any such seller or owner, specifically including Alabama Liquidation and Collection Agency, Inc.
13. There are no keys provided with any home purchased.
14. All units must have a gate pass before leaving premises and are subject to trunk inspections.
15. Loading of property is the responsibility of the bidder. Show Gate Guard your Bill of Sale before exiting. All lots remaining on property after the 15th day from auction date will be sold in the following month’s auction.
16. Seller and/or Auction Company or any of its affiliates are not responsible for checking or testing the propane system in any travel trailer sold.
17. All travel trailers/park models are considered to be commercial recreational vehicles and are not intended to be used as housing.
18. I certify that I am aware that the travel trailer/park model I am purchasing at auction may contain formaldehyde. I agree that the Seller/Auction Company shall not be liable for personal injuries to, disabilities of, or death of any persons arising from or incident to the sale of this travel trailer/park model, use, or its final disposition; and to hold the Seller/Auction Company harmless from and shall indemnify the Seller/Auction Company against any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the sale of this property, its use, or its final disposition.
19. Buyer is responsible for paying closing costs on all real estate transactions
20. Broker participation must be activated at time of registration. For details, please call 205-758-3068 and ask for Michael.
ALABAMA LIQUIDATION is a service business. We do not buy or sell, but act as an exchange between the buyer and seller. Our policies are for an understanding between buyer and seller and it is our purpose that all are aware with the manner in which buying and selling are conducted. Our pledge is 100 % integrity and effort in service.
1. Alabama Liquidation complies with all federal, state and local laws.
2. All sales $4,500 and under will be sold AS IS and will not be arbitrated for any reason.
3. Alabama Liquidation does not guarantee the year of any unit. Satisfy yourself before buying.
4. No vehicles will be offered for sale without a proper serial number plate. The auction reserves the right to refuse the sale of any vehicle on which the vehicle identification plate appears marred or in any way altered. Alabama Liquidation will not register/offer for sale any vehicle considered to be a Gray Market Vehicle.
5. VEHICLE STORAGE – All vehicles are left at owner’s risk. Units left after 10 days are subject to storage fees.
6. Buyer and seller agree to hold Alabama Liquidation harmless from any and all litigation that may arise from transactions at Alabama Liquidation. Should Alabama Liquidation be involved in any litigation the buyer and seller will be responsible for any attorney and court costs.
7. Mileage and other information printed on the windows of any vehicle are for the convenience of customers only. This information is not to be relied upon as complete and/or accurate information and is not subject to arbitration.
8. All transporters must have a copy of the bill of sale for units being removed. This is the responsibility of the buyer to provide to your transporter.
REVISED JULY 11, 2002 ---Boats, personal watercraft, any boat that is purchased with the term “compression check” will be handled as follows – The buyer has to have unit delivered to a certified service center within 24 hours of pick up of unit. Failure to deliver to a certified service center before attempting to operate unit will resulting voiding your compression check. NO EXCEPTIONS! The certified mechanic must perform compression check and lower unit check at service center. Upon notification that the compression is bad, block busted or lower unit gears are bad and the repair will exceed $1,000, then and only then may the buyer return the unit for arbitration. The seller reserves the right to make their own determination. The sale yard nor the auction company make any warranties, guarantees or promises or any other statements as to the condition of the unit that is being offered for sale. The seller offers the right to have a compression check. Repeating what a seller makes as a guarantee or compression check or any other statement will in no way make the sale yard/auction company or auctioneer liable in any way for any statement repeated. By signing the statement below I fully understand all the rules and conditions of sale and will adhere to the rules and conditions of auction sale.
**Any item is subject to special Terms & Conditions. Please see each item's Terms & Conditions for details.