Moving Liquidation Auction - Darlington, PA
Preview: May 26th, 4:00 - 6:00 PM
Ends: May 27th, 6:00 PM
Removal: May 29th, 1:00 - 6:00 PM
*TWO LOCATIONS*
Lots 1 - 549 Located At - 251 Hodgson Rd. Darlington, PA 16115
Lots 550 And Up Located At - 47 Hemlock Dr. Beaver Falls, PA 15010
15% Buyers Premium applies
Lic #AY 002064
| Toro Z Master 4000 HDX Pro XL Commercial Zero Turn Mower - 102.8 Hours - Turbo Force 72" Mower Deck - MyRide Suspension System - ROPS |
| New Holland E26C Mini Excavator - 91.9 Hours - PIN #: HHKHEK21TE0003163K - S/N 3163 - 1' Bucket w/ Hydraulic Thumb - 5' Blade - Extra 18" Bucket - ROPS |
| 2023 Star EV Electric 4 Seat Golf Cart - 401 Miles - VIN#: 52RG31110RG018506 |
| 2020 Honda Pioneer 700 Side by Side - 897 Miles - Model SXS700M2DL - 4,500lb Winch - Warn 6' Pro Vantage Plow System |
| 2012 Dong Fang Scooter - 341.8 Miles/KM - VIN#: LXDTCKTP3C18N1131 - Disassembled |
| Fortress 27gal Vertical Air Compressor - 200 PSI - 1PH - Hose Not Included |
| Ryobi Electric Mower & Weed Trimmer - 3 Batteries & 2 Chargers |
| Vintage Enamel Top Table - 45" x 40" x 31" - Needs Assembled |
| Weedeater Featherlite Gas Weed Trimmer |
| Hand Wrought Aluminum Bowl and Platter- Cookie Racks |
| Fridgidaire Refrigerator - Runs Great |
| GE Upright Freezer - 39 x 33 x 76 in |
| Dining Room Table, 6 Chairs , Hutch - Solid Wood |
| Wooden Chest of Drawers - 38 x 29 x 54 in |
| Wooden Dresser with Mirror 63 x 19 x 74 in |
| Adjustable Wooden Rolling Office Chair with Leather Upholstery |
| Wooden Chair |
| Queen Size Bed Frame with Wooden Headboard and Foot board |
| Solid Wood Book Shelf - 30 x 12 x 85 in |
| 12 Quart Aluminum Stew Pot - 48 Quart Aluminum Stew Pot - 2 Slotted Spoons - Dipper |
| Medic Therapeutics Rolator |
| 28 Quart Aluminum Stew Pot - 48 Quart Stew Pot Stainless |
| Beautiful 10.5' White Christmas Tree and large gold fabric star with lights. Over 1000 lights on the tree. A string went out in the middle. |
| Midline Steel Rolling Walker - NIB |
| Heatstroke 20 000 BT7/HR Natural Gas Vent Free Infrared Gas Heater - NIB |
| WOODEN step up. 6 in h x 30w x 20 d approx |
| Vintage Royal Typewriter |
| Box With Dog bowls , Table Cover , Cookie Sheets |
| Bemis Wood Toilet Seat 18.5” L. - White NIB |
| Power Wheelchair The Scooter Store - Missing Charging Cord. |
| Bunn Coffee Pot With Extra Pot, Filters, And Coffee |
| Home Interiors Framed /Matted Art Print 32”X33 |
| Parcel Lock Box S100 Series Package Theft And Weather Protection NIB |
| Shelf Of Anti Freeze, Washer Fluid, Hardware, Pieces Of Chain, Stain |
| Ceiling Light Shade, Outdoor And Indoor Light Bulbs |
| Steel Pet Cage with tray, Ex Large |
| Hp Officejet 4630 Print Fax Scan Copy , Verizon Kyocera Cadence LTE Tracfone |
| Box Of Crafting Materials, Masks, Erasers, Pins And Needles, Bag Of Candy Cane Notebooks |
| Lot Of Computer Cords, House Phones, Internet Tower |
| Ceramic Vase - Clock - Bug Light - Trash Receptacle |
| Hurricane Mop Bucket With Mop And 5 New Mop Heads |
| Vintage 4 Panel Room Divider , Needs Panel Re Attached |
| Steel Battery Lifters 3’L. |
| Vintage Double Sided 4 Panel Room Divider With Birds |
| Both Shelves NO CONTENTS - remove after 4PM - 48 x 18 x 95 |
| Both Shelves NO CONTENTS -Remove after 4 PM , 48 x 18 x 95 |
| Steel Folding Chairs - Vintage Stanley Leve |
| 19mm Soft Edge Foam Masking Tape, NIB Gibraltar Elite Black Mail Box |
| Farberware Yosemite Stovetop Percolator, Large Pot With Glass Lid |
| Shadow Box Picture- Teddy Bear - Tea Cups - Sidewalk Chalk |
| Hair Curlers, Compact Revlon Hair Dryer, Waterproof Shower Head |
| Paula Deen Pot With Lid, Aluminum Pot, 2 Fryer Baskets, Skillets |
| Tablecloth, Drink Dispenser, Set Of 5 Plates |
| Glass Jars, Replacement Seal For A Steel Door, Bird Feeder For Mason Jar |
| Set Of 4 1962 Chevy Impala 14” Hub Caps |
| Ceramic Pillar |
| Stackable Plastic Storage Bins |
| Wood Key Storage Box 24”L. X 9”w. - Better 12 Peice Paint Tray Kit |
| Foldable Wheelchair Ramp , Weight Capacity 600 Pounds |
| Glass Drink Dispensers - Turkey Server Plate - Glass Vase |
| New Rubber Ramp For A Step |
| House Decor, Red Christmas Bows, Large Snowman Plate |
| 2 Lampshades |
| Christmas Glassware, Valentines Day Decor |
| Grape Pattern Punch Bowl With Matching Cups, Large Compote Bowl And Platter, Microwave Plates |
| Glassware Assortment- Brass Wall Sconce Candle Holders 18”L. |
| Assortment Of Dog Food |
| Lot Of Pictures In Frames And Canvas Picture's |
| 2 Garbage Bags Of Pilows |
| Lot Of Various Curtains, Pillow Cases, Sheets |
| 22 Quart Hamilton Roaster Oven |
| Purse - 3 Ladies Wallets |
| Shelf Of Various Glassware, Container of Straws , Baskets, Matching Cups |
| NESCO 18 Quart Electric Roaster |
| 2-Roasters 1 Rack |
| HP Printer 18”L. X 14”W. X 9”H. |
| Paper Gift Bag Assortment |
| TENA Overnight Pads |
| PONBON 4 Gallon Aquarium Tank - NIB |
| G-Force Video Card - Creative Sound Card - NIB |
| Hardwood Charcoal- Top Bedding |
| Assorted Floor/Wall Tile |
| Gorham tea light holders, 4 pillar candles, safe-T Candles, Angle ornament, mirror ball ornament, Breath holder with bells, Nicki Minaj Body Spray |
| 2-Electric Griddles |
| Whirlpool Whole House Prefiltration |
| BUNN Coffee Filters |
| Holiday Decorations Assortment |
| 5X8 Throw Rug |
| Flower Pot Assortment |
| Wooden Pet Ramp 74”L. X 15.5”W. |
| 2-Brass Lamps - 1- Shade |
| Traffic Mirror 32”L. NIB |
| 7.5’ Pre Lit Artificial Christmas Tree |
| Microphone- Battery Charger- Night Owl Camera- Gloves - 50Amp Range Outlet Surface Mount- Club Car Battery Charger |
| ANDON Tower Control Light With Buzzer Box |
| Metallic Red Display Table |
| Candle Light Bulbs - Moth Away Sachets |
| Casio Adding Machine and Tape Rolls |
| 2 - Grape Handled Cake Servers - Decorative Serving utensils |
| 2 - Florial Arrangements- 4 Small Lanterns |
| Small Easels - 2 Jewelry Displays |
| 3 - 4 in Figurines |
| Steelers Z Bands |
| Good pick Woven Laundry Basket |
| 6 New WillowTree Figurines NIB |
| Rolling office Chair |
| Lot of Boyd's Bears |
| 2 Decorative Metal Plant Displays |
| 3 Soothing Sounds Teddy Bears that record a message - 2 Ty Beanies |
| New Fox Bowls - 2 Sets of Salt and Peppers- Crystal Flower Pot - 2 Bottle Corks - Mudpie Eiffel Tower |
| 5 x 8 ft. Zebra Rug |
| Lot of Berrington Stuffed Animals |
| Ganz Stuffed Bears and Others |
| Valentine Mini Loaf Pan - Wall Display Hearts |
| 2 Ganz Ceramis Candle Holders - Shiney Things Plate |
| Lot of Treasures - Mini Mirrors, Blessed Plate, Cross |
| Metal Girlfriends Sign - Wall Clock |
| Zooba 48 in Elevated Dog House |
| 2 IKEA Office Trashcans |
| Green Display Tabe with Storage |
| Steelers Magnet Picture Frame, Clip Board, Butane Gas Indicator |
| Assortment of Small Garden Flags - 4 Fly Swatters - 3 Decorative Boxes - New |
| Pinata, Glasses, Tooth Brushes, Metal Storage Trays |
| 15ft High Pressure Drinking Water Hose, Shower Head, Table Cloths, Spray Nozzles |
| 3 - 3 x 5 Pirates Flags - Steeler Stickers and Puppet |
| 2 Mudpie Serving Platters Sea Shell Theme |
| Box Of Outdoor Yard Flag Holders |
| Metal Black Shelf NO CONTENTS - 35 x 14 x 72 |
| Tie Dye Kit, Tubing Matt, Serving Boats |
| Serving Cart Locking Wheels And Removable Mats On Shelves. NO CONTENTS |
| NIB Thermostat Controlled Heated Drinking Water Hose |
| 2 NIB Turtle Signs For SLOW DOWN |
| 42in Christmas Poinsettia Pre Lit Tree |
| Storage Containers, Heart Shaped Candy Dish, Jewelry Dispay Stand |
| Christmas Wreath, Tree Bulbs, Stocking, Plug In Strip Light |
| Metal Shelf NO CONTENTS - 35 x 14 x 72 |
| Assortment Of New Coffee Mugs, Plug In Candle Lights |
| 20 Carpet Squares In Box - 20 x 20 |
| Penguins Coffee Mugs, Strip Lights, Umbrella |
| Outdoor Divider/Cover |
| Floral Bouquets - Grandma Items - Vases |
| 7 Small Women's Steelers Shirts |
| New Mugs - Glasses - 10 small ceramic Holders |
| 5 Penguin Shirts, 1 Pirates Shirt adult Sm. |
| Various Penguins And Pirates Shirts - Various sizes |
| Mom Shirt, Pirates Post Season Shirt - Adult XL |
| 2 - Penguins 22in By 42in Championship Beach Towel |
| Lot Of Medium, Large, and XL Steelers Shirts |
| Electric Word Board |
| Lot Of Girls Steelers And Pirates Shirts. - Various Child Sizes |
| Privacy Bed Tent |
| 2 Pirates Drawstring Bags, 2 Steelers Mascots |
| Lamp ' 25 in H |
| 2 Glass Serving Platters |
| 2 Roller shades For Automobiles |
| 24 in METAL Wall Art |
| Yankee Candle Fire Starters |
| 3 - Votive Holders with beaded Elements - Red matching Vase with Beaded Elements |
| Decorations - Cow Salt and Pepper - Candle Holders |
| Mom Mugs |
| Box of uline Teal T Shirt Bags - Sleigh Cutting Board- Wire Basket Of Wire Key Rings |
| 2 Sets of 4 Seagrass Placemats |
| Box of New Pittsburgh Sports Flip Flops and Slippers |
| 4 Sets of New Snack Bowls and Utencils- Yankee Candle Scent light- 3 Glass Acorn Plates - 2 Vases |
| Wall Vase - Reed Diffusers - Light Up Table Top Tree - Paris Candle Holder |
| 20 in Open Sign |
| Lot of New Pittsburgh Sports Flip Flops |
| Folding Metal And Rattan Shelf - 30 x 12 x 5.5 ft - Remove after 4 PM |
| Large Penquins Flag and 2 Stanley Cup Champions Cups |
| 6 Pirates Draw String Bags - 2 Here we go Pittsburgh Draw String Bags |
| Assorted 12 x 28 Garden Flags - Wind Chimes |
| Contents Of Corner Includes Insulation- Saw Stand - Post Covers |
| 2 Targets |
| 16’L. Work Table/Bench - Contents Not Included |
| Vintage Transit With Case |
| Craftsman 10” Radial Arm Saw With Blades |
| Craftsmen 10”Compound Miter Saw With Blades |
| Assorted Tools Sander - Tape Measure- 3 Hand Saws- |
| Contents In Cubby & Cabinet |
| Decorative Bird House- Westinghouse Fan Plug Missing- Realistic AM FM Radio |
| Wood Rack- Ornate Shelving Unit |
| Recessed Lighting Kit 211 |
| Screws Nails Fasteners |
| Nail Gun Nails Assorted Sizes |
| Case Of Roofing Nails |
| 8’L. Cabinet |
| Contents On & In Cabinet |
| Contents On & In Cabinet |
| 10’L. Cabinet & Wall Cabinets For Storage Or Workshop |
| Contents In & On Cabinet |
| Insulation 223- Fencing |
| Wood/PVC Assorted Sizes |
| 6’L. Steel Bench |
| Sandblaster 5’H. X 3’W. |
| Agri-Fab Portable Sprayer |
| Agri-Fab Portable Sprayer |
| Electric Torpedo Heater, by Ready Heater 200T |
| Curved Banner Assembly |
| 2 Packages of Play Mat Foam Floor Padding |
| PINE CONE FIRE STARTER BASKET |
| Adding machine, walkie talkie, stapler, Wireless mouse |
| Christmas Lot |
| 5 American Flags, pleated half rounds, like new |
| Office supplies- Bond rolls, rubber bands, index cards (2sizes), premium card stock, Xerox magnets, 500 pack laminating pouches |
| Camper Cookie Jar and Chinkc Grater |
| Assorted cards with envelopes, stationary, 5 pack job ticket hqolders, Private stock credential paper, 4 packs of 5" x 8" Index cards, 3x5 index cards with holder |
| 2 pack filters, portable air cooler V3 |
| Media Mark display II with manual and keyboard, Older but works |
| Miscellaneous hardware treasures |
| 3 Hole Punch - Epson Ink Cartages - Aspen metal Wall Mount Mailbox - Pyle Dual VHF Wireless Handheld Microphone System - Antique Fish Finder |
| 6 New 12 in Chalkboard Erasers - Security Envelopes - Green Plastic tub |
| Round Picture Frame - Door stop - Beaded Table Runner - Artifical Plant |
| SMALL tackle Box - Zebco Reel and Pole - Fishing Accessory Kit - New |
| John Deere Beer Stein - Avon Beer Stein |
| 2 Routers - Internet Extender |
| 4.5 x 7 in Sign Letters |
| Decorative Items - Christmas Items - Bag of Micro LED Light Strings - Enamel coated Pitcher - Poinswtta Planter - Tent Stakes - Candle Lamp |
| Zozen Measuring Wheel - NEW |
| Power Awning Drive Assembly |
| Box of Small Plastic Chain ,- Casio Adding Machine and rolls |
| 5 Drawer Caddy - Cubby Organizer |
| Address Lables - Vehicle Boot - Commercial Weed Wacker Trimmer Line - Horizon Metal Wall Shelves - Dog inflatable Collar |
| CHRISTMAS Lot - Magnetic Screen Door |
| In line water heater tankless, small hanging metal mail holder, Weather strip |
| Locking cash, drawer, royal m v dash thirty.Heavy duty construction five bill compartments. |
| 8 Christmas table decorations |
| 11 Dainty Floral Glasses |
| Assortment of glassware |
| 12 Dainty Floral Glasses |
| Cake plate, glass serving tray, Strainer, Electric Kettle, Glass Vase with Hummingbirds |
| 4 half round, pleated flags (faded) and a large metal star. |
| Tray of silverware, stainless bowl, Crock pot, stainless baking tray |
| Global Mark 2 , Commercial Label Maker |
| Red canisters, Friend sign, Honeywell family, & napkin holder, and vase |
| Two rod iron rivets or wall hangers, basket and a paper towel holder |
| Hanging space saver sweeper and attachments. |
| 9 pieces of white board for signs and Quartet white board wey/ dry erase |
| Small black bistro table and storage bench |
| Heavy duty, extra long storage bags |
| X |
| Really nice, heavy wood construction, Farm Sweet Farm sign 34.6" x 12 " |
| 2 decorative wall hangings, Both wooden |
| Price Pfister pull out kitchen faucet. Purchased last fall, didnt fit. Like new |
| 2 display boards with push pin letters |
| Porcelain table top used as dry erase board. Sign holder tent style |
| Basket with yard ornaments |
| Assortment of Christmas trees, 4' - 6' trees. 3 trees altogether and a box of ornaments |
| Box of tea lights, small candles and decorative green shelf |
| Box of tealight candles, small jar candles and green metal shelf |
| Box of beautiful Glass tile 2 boxes of tile |
| Box of miscellaneous hardware |
| Finishing tools, cement tools, sand paper, odds + ends |
| Set of Horseshoes, tug of war rope game |
| Vtech cordless phone, bike fork, Lumilite lg flash light, and a sink snake |
| JUMP N START charger/ jumper no cord, Dog gate wooden frame and wire grate |
| Three small patio tables with glass tops |
| Box of change wrappers, antique crystal lamp, Astrovi car air pump |
| Box of miscellaneous stuff, bug zapper racquet, gold mirror, magnetic screen door, plastic sheets, bug spray, TV games, small nylon bags, timer, headphones, and more. |
| Solid Wood Bedroom Set - 2 End Stands, 26 x 16 x 27 - Queen Size Lift Bed Frame with Sleigh Head board - Dresser , 60 x 19 x 40 |
| Broyhill Chifferobe - 45 x 19 x 62 |
| Barrister - 28 x 13 x 60 |
| Amish Built Table and 6 chairs- 1 Chair Damaged - 1 Leaf - 42 x 72 Table Top, Some wear |
| Charlestown Shag 5 x 7 Carpet |
| Set of Christmas Glasses |
| Decorative Roosters |
| Bassett Solid Oak Dresser - Brass Hardware - 49 x 18 x I x 38 |
| Christmas Tree Beverage Server |
| Pier 1 MacIntosh Dishes and Bowls |
| Wooden Standing Jewelry Box - 15 x 12 x 39 |
| Adjustable Pole Lamp |
| Decorative Items - Pitchers |
| Black Side Table - 26 x 22 x 24 |
| Adult Grinch Costume - Large Stuffed Spiderman Monkey |
| Bench Ottoman - 20 x 20 x 19 |
| 50 in Element TV - No legs , works - No Remote |
| Canopy In A Box |
| Christmas Lot - Candy Canes - Rug - 6.5’ Flocked White Tree - 1 Solar Santa Light Not 2 |
| Art Work Assortment Various Sizes |
| Vintage Metal Headboard 4’L. - Wire Yard Art Display Stand |
| Pillow Assortment |
| Extension Cord Assortment |
| Vizio 24” Flat Screen TV |
| Wooden End Table 27”L. X 22.5”W. X 24”H. |
| Igloo Cooler Contents Included |
| Wooden Coffee Table 40”L.X 22”W. X 18”H. |
| Gray Fabric Couch 6’L. |
| PIT BOSS Pellet Smoker Grill 4’H. X 34”W. |
| Hand Tool Assortment With Cases Not Complete |
| Children’s Book Assortment |
| Electric Paper Towel Dispenser |
| 2-Tool Bags With Assorted Hand Tools |
| Assorted Hand Tools |
| Hand Tool Assortment |
| Gas Cans - 2Cycle Oil - Kilnz - Bottle Jack |
| Plastic Containers - Mini Juicer |
| Electric Roaster/Small Roaster |
| Tool Bag w/ Various Tools, Small Pot, Thermos |
| Battery Chargers - Various Radio Alarm Clocks - Painting Accessories |
| Candle Holder Lantern - Bookends - Teddy Bear Plaque |
| Radio & Stereo Set - Needs Repair |
| 2 Midea Wall Unit A/C Units |
| Jumper Cables - Auto Cleaning Accessories - Craftsman Tool Bag |
| Various Bathroom Faucet & Water Line Accessories |
| Maxxis 750 Bravo H/T Tire - 255/80R17 |
| Ironing Board |
| Homelite Gas Blower |
| Hyper Tough Electrix Blower & Trimmer - 1 Gas Trimmer - 2 Batteries & Charger |
| 43" x 60" Decorative Mirror |
| Bissell Power Force Helix Vacuum - Hart Battery Operated Vacuum |
| Amana Refrigerator/Freezer - 30" x 30" x 64" |
| Homemade Patio Light Tower |
| Arctic King Chest Freezer - 25" x 21" x 34" |
| 5gal Shop Vac |
| Patio Table - 2 Camping Chairs - Tiki Torches - Porch Umbrella |
| Buckets - Garbage Can - Various Shovels - Bug Killer |
| Hose Reel |
| Various Totes & Baskets - Small Easels - American Flag |
| Magic Bullet w/ Accessories |
| Cooking, Grilling, & Baking Accessories - Poncho - Rope - Lunch Box |
| Copper Jugs & Candle Holder - Gatco Brass Wal Mount Candle Holder |
| Various Christmas Decor |
| 2 Plastic Shelves - 42" x 16" x 71" - Must Be Removed After 2PM |
| Autumn Decorations - Bug Killer - Armor All |
| HP Envy 4502 Printer/Copier - Glidden Eggshell Paint |
| 2 Metal Shelves - 30" x 12" x 62" - Must Be Removed After 2 PM |
| 3 Plastic & Metal Adjustable Tripods |
| Cupcake Trays - Pyrex Dishes - Napkin/Utensil Holder - Planters |
| White Plastic Shelf - 34" x 14" x 56" - Must Be Removed After 2 PM |
| Hydro Flask - Pyrex Dishes - Baking/Casserole Dishes |
| Pewter Wizard - Royal Doulton Bride Figurine - Willow Tree Angel - Glass Flamingo |
| 3 Coolers (2 Igloo, 1 Rubbermaid) - Camp Chair |
| 4' White Christmas Tree - Yard Blow Up Christmas Decor - Various Christmas Decorations |
| Various Yard Decor |
| Console Table - 36" x 14" x 34" |
| 3' Step Stool |
| Work Light - Paint/Primer - Bungie Cords |
| 7' Christmas Tree - Christmas Wrapping Paper & Accessories - Vases - Bird Feeder - Patriotic Fedoras |
| 69" Tall Plastic Cabinet - Hand Tools |
Please read and familiarize yourself with all of these terms and conditions, as you will be bidding strictly according to these terms and conditions (the terms and conditions may change from auction to auction).
**UPDATE
Dear Buyer,
As of 9/1/2021, Hostetter Auctioneers is implementing a new policy regarding removals.
If a request is made for Hostetter staff to transport items from the removal location back to our 7055 Big
Beaver Blvd. warehouse for pick up at a later date, there will NOW be a fee charged to your credit card
to retrieve your item(s). The fee is $20.00 per item, up to a maximum fee of $100.00 for 5 or more items.
Due to the excessive requests we’ve received to transport items, and the additional labor costs involved,
this new policy is necessary.
It is at the discretion of Hostetter Auctioneers to decide if we are available to transport items back to the
warehouse. Typically items larger than 2’x2’x2’ are not able to be transported. If your items are brought
to the warehouse, they must be picked up within 7 days of notification or the items are considered
abandoned.
Thank you,
Hostetter Auctioneers
ANY QUESTIONS - Call an auctioneer: Matt Hostetter: 724-462-5547
1)AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Sherman Hostetter Group LLC DBA Hostetter Auctioneers (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2)REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete “Terms and Conditions of Auction”, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder’s number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
3)ALL ITEMS SELL WITH RESERVE - All items in the online auction sell with reserve and subject to the Auction Company/Sellers acceptance and/or rejection of the high bid, regardless of whether stated “with reserve” or not stated “with reserve.”
4)BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and else where on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Seller/s.
5)JUMP BID - is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (such as placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a "jump bid” with no other competing bids.
6)BUYERS PREMIUM - A 15% Buyers Premium Applies on ALL purchases. A 15% Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sales price. The use of a Buyers Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneers (their licensees, employees or agents), and the Buyer. The Auctioneers, licensees, employees and agents are agents for the Seller Only. The Buyers Premium has been a choice of the Seller/s. The Buyers Premium may vary depending on the auction. The Auction Company may change the Buyers Premium at any time to meet the needs of the Seller and/or to abide by the auction listing agreement. You may also call our office to find out the exact amount of the Buyers Premium for any auction. Any applicable taxes are calculated on both the Buyers Premium and the bid amount.
7)POSTED CLOSING TIMES - Posted closing times and displays of the Auction Companies current time are approximate. Auction Company reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise.
8)PAYMENT - Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchases after the close of the auction and prior to the removal date. If you would like to update or change your card on file, please call us at 724-847-1887. The Auction Company RESERVES THE RIGHT to charge your credit card if no payment is made by the stated removal date. Payment by other than credit card (cash or check) must be coordinated with and approved by the Auction Company prior to bidding in the online auction. All payment methods must be approved by the Auctioneers in their sole and absolute discretion prior to bidding. No post dated checks will be accepted and will be treated as non-payment. Buyer payment will include bid amount, buyers premium, appropriate taxes and any other fees or expenses due. Buyers understand that items and lots sold on this website are used and therefore have some level of damage and are by the very nature of being “used and/or pre-owned” are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks. No purchases may be removed from the auction site until said purchases are paid for in full. Once it is removed it is your sole ownership and responsibility. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
9)PAYMENT RESPONSIBILITY - The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium, applicable taxes and any other fees or expenses with respect to any and all items and lots for which the Bidder shall be the successful Buyer in the online auction. And, if the Buyer shall tender a credit card or non-certified check in payment for the whole or any part of such purchase price, Buyers Premium, applicable taxes and any other fees or expenses, all items and lots sold in reliance on such credit card and check shall be subject to seizure by Auctioneers and/or their licensees, employees and agents at the sole cost and expense of the Bidder in the event that such credit card or check shall be dishonored upon presentation of payment, for insufficient funds, stop payment, cancelled, charged back, etc. In the event of non-payment, dishonored, insufficient funds, stop payment, cancelled, charge back, etc., for credit card or check for purchases as stated herein, the Auctioneers shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Auctioneers shall be entitled to recover all costs, expenses and attorney fees incurred.
10)LATE PAYMENT - Any payment accepted late shall incur a twenty-five percent (25%) surcharge on the full amount of the invoice.
11)PURCHASE PRICE CALCULATION - Note that the purchase price is the sum of the bid price, the Buyers Premium, any Buyers Fee, expenses, and sales tax if applicable, etc. All payments must be in US Funds. Auction Company reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
12)AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 2 minutes - If someone bids in the last 2 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2 minute increment (and will continue to do so) until there is a 2 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process more fair and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.
13)REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Auctioneers. Buyers agree to indemnify and save harmless both the Sellers and the Auctioneers and their licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling, rigging, hot cutting, refrigerant removal, or any situation during the removal process of any item/s or lot/s. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auctioneer’s and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneer shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Auction Company or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Auctioneer without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by the Auctioneers because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full. Buyers will work in unison with other Buyers to ensure an orderly, safe removal process.
14)REMOVAL EXTENSION - On a case by case basis and at the Seller’s or Auctioneer’s discretion, the Seller or Auctioneer may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Auctioneer. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
15)NON-DELIVERY (BILL OF SALE – TRANSFER OF OWNERSHIP OR TITLE) - The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership or title) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. Buyer understands that title transfers are between the Seller and the Buyer and are specifically not a responsibility or liability of the Auctioneer and or Auction Company.
16)NON-DELIVERY OF ITEM/S OR LOT/S - In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents including charge backs, stop payment, cancellation, etc. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
17)ADDITIONS OR WITHDRAWALS - The Auctioneers reserve the right before, during and/or after the auction, to withdraw from the auction any of the items or lots listed or to sell at this auction items or lots not previously listed. Auctioneers also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by the Auctioneers. The Auctioneers reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale, cancellation and sold “with reserve.” Auctioneer and Seller reserve the right to augment the auction with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the auction.
18)SALES TAX (if applicable) - All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction. All bidders will be subject to the sales tax unless you provide our office with the documentation we require for exemption including (all out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the auction terms. There is no elimination of or credit back of taxes once the auction closes and settles. The sales tax is calculated on the total purchase price including the buyer’s premium and any applicable fees and/or expenses.
19)TITLES - Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary and the Buyer will pay the applicable taxes and fees. The Buyer and Seller understand that the Auctioneer and Auction Company are not notaries nor involved in the transfer process. No responsibility or liability is assumed by the Auctioneers and Auction Company for the transfer. Titles will be transferred within 30 days of the close of the auction unless an extension is warranted.
20)VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an “As-Is”-“Where-Is” condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
21)PERSONAL AND PROPERTY RISK - Persons attending during viewing and/or removal of items and lots, assume all risks of damage of or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Auctioneers, licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the Auctioneers, and federal, state and local regulations. Buyer specifically releases Auctioneers, licensees, employees and agents from any and all liability thereof.
22)AS IS – WHERE IS – (Attend the Preview!) All items and lots are sold on an “AS-IS”, “WHERE IS” and “WITH ALL FAULTS” basis “WITHOUT EXCEPTION” with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” are at some level of defective. Buyers agree to not “stop payment,” “cancel” or “charge back,” etc., any credit cards, debit cards and/or checks. The Auctioneer and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer’s sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots during the inspection period. Again all Buyers are strongly urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the Auctioneer. Buyer also agrees that any oral, written or electronic representation made by the Auctioneer shall not modify these 'AS IS - WHERE IS' terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Company or Seller for any errors or omissions.
23)DISPUTES - In the event that you have a dispute with one or more users, you release Auctioneers/Provider (and our officers, directors, licensees, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders, or as to the Seller, or as to an item or lot, etcetera, the Auctioneers at their sole discretion, may immediately put the disputed item or lot online again for auction or declare the Buyer by decision. The actions and decisions of the Auctioneer shall be binding, final and absolute. Should a dispute arise after the auction, the Auctioneers sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
24)CLAIMS - No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer. Buyer agrees to not charge back, cancel, stop payment, etc., any credit cards, debit cards and/or checks.
25)POOLING - Pooling or bid rigging is fraud and a serious Federal Offense. The Auctioneers reserve the right to pull the item/s or lot/s from the auction or void any sale at auction or bid on behalf of the Seller/s, when the Auctioneers detect or suspect pooling by two or more Bidders. Pooling will be prosecuted to the fullest extent of the law.
26)ITEM/LOT RESPONSIBILITY - Items and lots become the complete and sole responsibility of the Buyers for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. The Auctioneers, licensees, employees and agents assume no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer’s security agent or a police officer.
27)THEFT - Theft is a serious concern to all of us, if discovered, the individuals involved will be prosecuted to the fullest extent of the law. The Auctioneer reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future bidding and current removal privileges and prosecution.
28) FORUM SELCTION AND APPLICABLE LAW - The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be in the County of Beaver and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
29)INFORMATION - This site and the information, content, and materials on this site are provided on an “AS IS” “Where Is,” and “Where Available” basis. Auctioneer/Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks.
30) INFORMATION DESCREPENCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and the Auctioneers, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Sellers, Auctioneers, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Sellers nor Auctioneers, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “cancel” or “charge back” any credit cards, debit cards and/or checks.
32)DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither the Auction Company, its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted, error-free or virus-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
33)ERRORS, OMMISSIONS, ETC - The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Auctioneer/Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Auctioneer/Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Auctioneer/Provider may make any other changes to this Site at any time without notice. Auctioneer/Provider makes reasonable commercial efforts to make the Site available at all times, however, Auctioneer/Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment and/or virus’s.
34)INDEMNITY CLAUSE - Buyer/s agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller’s ownership, responsibility and liability.
35)LIMITATION OF LIABILITIES - You agree that the Auctioneer/Provider and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Auctioneers or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall Auctioneer/Provider or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus’s, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auctioneer/Provider or any of its providers have been advised of the possibility of such damages.
36)RECORDS - The records (written, audio, video, digital, computer generated and etc.) of the auction kept by the Auctioneers, Providers, bookkeepers and employees will be taken as final in the event of any disputes or claims.
37)AGENCY - The Auctioneers, licensees, employees and agents are acting as an agent for the “Seller Only” and are not responsible for acts of its principals, nor liability for damages, accidents or theft.
38)BINDING - It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
39)ABSENTEE BIDS & PROCEDURE - All absentee bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to absentee bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by the Absentee Bidder, therefore, it is agreed by the Absentee Bidder that neither the Sellers, Auctioneers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Absentee Bidder for any reason whatsoever.
40)CREDIT CARD DISCLAIMER - Registrant/Bidder/Buyer understands that the Auction Company assumes no liability for security of credit card numbers on Auctioneers site, emails, etc., including the auction system Provider’s site.
Thank you for Thinking Auction and Choosing Hostetter Auctioneers!
Sherman Hostetter Group LLC
Hostetter Auctioneers
7055 Big Beaver Blvd.
Beaver Falls, PA 15010
Office: 724-847-1887
Email: [email protected]
Website: www.HostetterAuctioneers.com
**UPDATE
Dear Buyer,
As of 9/1/2021, Hostetter Auctioneers is implementing a new policy regarding removals.
If a request is made for Hostetter staff to transport items from the removal location back to our 7055 Big
Beaver Blvd. warehouse for pick up at a later date, there will NOW be a fee charged to your credit card
to retrieve your item(s). The fee is $20.00 per item, up to a maximum fee of $100.00 for 5 or more items.
Due to the excessive requests we’ve received to transport items, and the additional labor costs involved,
this new policy is necessary.
It is at the discretion of Hostetter Auctioneers to decide if we are available to transport items back to the
warehouse. Typically items larger than 2’x2’x2’ are not able to be transported. If your items are brought
to the warehouse, they must be picked up within 7 days of notification or the items are considered
abandoned.
Thank you,
Hostetter Auctioneers
ANY QUESTIONS - Call an auctioneer: Matt Hostetter: 724-462-5547
1)AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Sherman Hostetter Group LLC DBA Hostetter Auctioneers (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2)REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete “Terms and Conditions of Auction”, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder’s number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
3)ALL ITEMS SELL WITH RESERVE - All items in the online auction sell with reserve and subject to the Auction Company/Sellers acceptance and/or rejection of the high bid, regardless of whether stated “with reserve” or not stated “with reserve.”
4)BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and else where on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Seller/s.
5)JUMP BID - is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (such as placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a "jump bid” with no other competing bids.
6)BUYERS PREMIUM - A 15% Buyers Premium Applies on ALL purchases. A 15% Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sales price. The use of a Buyers Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneers (their licensees, employees or agents), and the Buyer. The Auctioneers, licensees, employees and agents are agents for the Seller Only. The Buyers Premium has been a choice of the Seller/s. The Buyers Premium may vary depending on the auction. The Auction Company may change the Buyers Premium at any time to meet the needs of the Seller and/or to abide by the auction listing agreement. You may also call our office to find out the exact amount of the Buyers Premium for any auction. Any applicable taxes are calculated on both the Buyers Premium and the bid amount.
7)POSTED CLOSING TIMES - Posted closing times and displays of the Auction Companies current time are approximate. Auction Company reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise.
8)PAYMENT - Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchases after the close of the auction and prior to the removal date. If you would like to update or change your card on file, please call us at 724-847-1887. The Auction Company RESERVES THE RIGHT to charge your credit card if no payment is made by the stated removal date. Payment by other than credit card (cash or check) must be coordinated with and approved by the Auction Company prior to bidding in the online auction. All payment methods must be approved by the Auctioneers in their sole and absolute discretion prior to bidding. No post dated checks will be accepted and will be treated as non-payment. Buyer payment will include bid amount, buyers premium, appropriate taxes and any other fees or expenses due. Buyers understand that items and lots sold on this website are used and therefore have some level of damage and are by the very nature of being “used and/or pre-owned” are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks. No purchases may be removed from the auction site until said purchases are paid for in full. Once it is removed it is your sole ownership and responsibility. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
9)PAYMENT RESPONSIBILITY - The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium, applicable taxes and any other fees or expenses with respect to any and all items and lots for which the Bidder shall be the successful Buyer in the online auction. And, if the Buyer shall tender a credit card or non-certified check in payment for the whole or any part of such purchase price, Buyers Premium, applicable taxes and any other fees or expenses, all items and lots sold in reliance on such credit card and check shall be subject to seizure by Auctioneers and/or their licensees, employees and agents at the sole cost and expense of the Bidder in the event that such credit card or check shall be dishonored upon presentation of payment, for insufficient funds, stop payment, cancelled, charged back, etc. In the event of non-payment, dishonored, insufficient funds, stop payment, cancelled, charge back, etc., for credit card or check for purchases as stated herein, the Auctioneers shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Auctioneers shall be entitled to recover all costs, expenses and attorney fees incurred.
10)LATE PAYMENT - Any payment accepted late shall incur a twenty-five percent (25%) surcharge on the full amount of the invoice.
11)PURCHASE PRICE CALCULATION - Note that the purchase price is the sum of the bid price, the Buyers Premium, any Buyers Fee, expenses, and sales tax if applicable, etc. All payments must be in US Funds. Auction Company reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
12)AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 2 minutes - If someone bids in the last 2 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2 minute increment (and will continue to do so) until there is a 2 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process more fair and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.
13)REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Auctioneers. Buyers agree to indemnify and save harmless both the Sellers and the Auctioneers and their licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling, rigging, hot cutting, refrigerant removal, or any situation during the removal process of any item/s or lot/s. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auctioneer’s and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneer shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Auction Company or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Auctioneer without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by the Auctioneers because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full. Buyers will work in unison with other Buyers to ensure an orderly, safe removal process.
14)REMOVAL EXTENSION - On a case by case basis and at the Seller’s or Auctioneer’s discretion, the Seller or Auctioneer may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Auctioneer. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
15)NON-DELIVERY (BILL OF SALE – TRANSFER OF OWNERSHIP OR TITLE) - The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership or title) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. Buyer understands that title transfers are between the Seller and the Buyer and are specifically not a responsibility or liability of the Auctioneer and or Auction Company.
16)NON-DELIVERY OF ITEM/S OR LOT/S - In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents including charge backs, stop payment, cancellation, etc. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
17)ADDITIONS OR WITHDRAWALS - The Auctioneers reserve the right before, during and/or after the auction, to withdraw from the auction any of the items or lots listed or to sell at this auction items or lots not previously listed. Auctioneers also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by the Auctioneers. The Auctioneers reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale, cancellation and sold “with reserve.” Auctioneer and Seller reserve the right to augment the auction with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the auction.
18)SALES TAX (if applicable) - All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction. All bidders will be subject to the sales tax unless you provide our office with the documentation we require for exemption including (all out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the auction terms. There is no elimination of or credit back of taxes once the auction closes and settles. The sales tax is calculated on the total purchase price including the buyer’s premium and any applicable fees and/or expenses.
19)TITLES - Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary and the Buyer will pay the applicable taxes and fees. The Buyer and Seller understand that the Auctioneer and Auction Company are not notaries nor involved in the transfer process. No responsibility or liability is assumed by the Auctioneers and Auction Company for the transfer. Titles will be transferred within 30 days of the close of the auction unless an extension is warranted.
20)VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an “As-Is”-“Where-Is” condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
21)PERSONAL AND PROPERTY RISK - Persons attending during viewing and/or removal of items and lots, assume all risks of damage of or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Auctioneers, licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the Auctioneers, and federal, state and local regulations. Buyer specifically releases Auctioneers, licensees, employees and agents from any and all liability thereof.
22)AS IS – WHERE IS – (Attend the Preview!) All items and lots are sold on an “AS-IS”, “WHERE IS” and “WITH ALL FAULTS” basis “WITHOUT EXCEPTION” with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” are at some level of defective. Buyers agree to not “stop payment,” “cancel” or “charge back,” etc., any credit cards, debit cards and/or checks. The Auctioneer and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer’s sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots during the inspection period. Again all Buyers are strongly urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the Auctioneer. Buyer also agrees that any oral, written or electronic representation made by the Auctioneer shall not modify these 'AS IS - WHERE IS' terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Company or Seller for any errors or omissions.
23)DISPUTES - In the event that you have a dispute with one or more users, you release Auctioneers/Provider (and our officers, directors, licensees, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders, or as to the Seller, or as to an item or lot, etcetera, the Auctioneers at their sole discretion, may immediately put the disputed item or lot online again for auction or declare the Buyer by decision. The actions and decisions of the Auctioneer shall be binding, final and absolute. Should a dispute arise after the auction, the Auctioneers sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
24)CLAIMS - No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer. Buyer agrees to not charge back, cancel, stop payment, etc., any credit cards, debit cards and/or checks.
25)POOLING - Pooling or bid rigging is fraud and a serious Federal Offense. The Auctioneers reserve the right to pull the item/s or lot/s from the auction or void any sale at auction or bid on behalf of the Seller/s, when the Auctioneers detect or suspect pooling by two or more Bidders. Pooling will be prosecuted to the fullest extent of the law.
26)ITEM/LOT RESPONSIBILITY - Items and lots become the complete and sole responsibility of the Buyers for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. The Auctioneers, licensees, employees and agents assume no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer’s security agent or a police officer.
27)THEFT - Theft is a serious concern to all of us, if discovered, the individuals involved will be prosecuted to the fullest extent of the law. The Auctioneer reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future bidding and current removal privileges and prosecution.
28) FORUM SELCTION AND APPLICABLE LAW - The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be in the County of Beaver and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
29)INFORMATION - This site and the information, content, and materials on this site are provided on an “AS IS” “Where Is,” and “Where Available” basis. Auctioneer/Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks.
30) INFORMATION DESCREPENCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and the Auctioneers, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Sellers, Auctioneers, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Sellers nor Auctioneers, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “cancel” or “charge back” any credit cards, debit cards and/or checks.
32)DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither the Auction Company, its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted, error-free or virus-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
33)ERRORS, OMMISSIONS, ETC - The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Auctioneer/Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Auctioneer/Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Auctioneer/Provider may make any other changes to this Site at any time without notice. Auctioneer/Provider makes reasonable commercial efforts to make the Site available at all times, however, Auctioneer/Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment and/or virus’s.
34)INDEMNITY CLAUSE - Buyer/s agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller’s ownership, responsibility and liability.
35)LIMITATION OF LIABILITIES - You agree that the Auctioneer/Provider and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Auctioneers or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall Auctioneer/Provider or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus’s, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auctioneer/Provider or any of its providers have been advised of the possibility of such damages.
36)RECORDS - The records (written, audio, video, digital, computer generated and etc.) of the auction kept by the Auctioneers, Providers, bookkeepers and employees will be taken as final in the event of any disputes or claims.
37)AGENCY - The Auctioneers, licensees, employees and agents are acting as an agent for the “Seller Only” and are not responsible for acts of its principals, nor liability for damages, accidents or theft.
38)BINDING - It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
39)ABSENTEE BIDS & PROCEDURE - All absentee bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to absentee bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by the Absentee Bidder, therefore, it is agreed by the Absentee Bidder that neither the Sellers, Auctioneers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Absentee Bidder for any reason whatsoever.
40)CREDIT CARD DISCLAIMER - Registrant/Bidder/Buyer understands that the Auction Company assumes no liability for security of credit card numbers on Auctioneers site, emails, etc., including the auction system Provider’s site.
Thank you for Thinking Auction and Choosing Hostetter Auctioneers!
Sherman Hostetter Group LLC
Hostetter Auctioneers
7055 Big Beaver Blvd.
Beaver Falls, PA 15010
Office: 724-847-1887
Email: [email protected]
Website: www.HostetterAuctioneers.com