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Auction Terms and Conditions of Sale 1. REGISTRATION Persons wishing to participate in the Bükoos Deep Six Incredible Auction bidding process are required to obtain, review and sign a Bidder/Buyer Purchase Agreement ("Agreement") at the registration desk prior to the auction. Each Bidder/Buyer ("Buyer") must obtain a buyer number and sales catalog in connection with his/her registration. Note: Each registered Buyer is solely responsible for the use of his/her buyer number and any use by another person is presumed to be with the consent of and shall be contractually binding upon the registered Buyer. Buyers may be subject to background checks. The Buyer's signature on the Agreement acknowledges his/her understanding that background checks may be conducted and that consent thereto is hereby given.
2. VIDEO RECORDING Bükoos Deep Six Incredible Auction may videotape the auction proceeding, which may be utilized in dispute resolution processing.
3. INSPECTION The Buyer is invited, urged, and cautioned to inspect all auction goods prior to submitting a bid. Failure to inspect auction goods shall not constitute cause for cancellation of sale. Absolutely no access to auction goods is allowed without prior authorization. Once the bidding process begins, all physical inspection shall cease and the inspection area will be roped off.
4. ELIGIBILITY OF BUYERS The Buyer warrants that he/she is 18 years of age or older and is legally authorized to enter into the Agreement. An adult must accompany all children at all times and liability of the child(ren) will transfer to the accompanying adult. Once the bidding begins, children under the age of 16 are prohibited in the auction area.
5. INTEGRITY OF BIDDING Buyers suspected of conspiring to influence a bid and/or the bidding process are subject to Bükoos Deep Six Incredible Auction's right of refusing and/or restricting such Buyers' access to the auction.
6. ORAL STATEMENTS AND MODIFICATIONS Announcements may be made on the day of sale to clarify auction goods, status, catalog references, or other information specific to a particular lot or auction good. These announcements take precedent over sale catalog information pertinent to auction goods, but do not alter in any way the Terms and Conditions of Sale or Warranty Disclaimer and Release. Further, no interpretation of any provision of the Agreement, including applicable performance requirements, shall be binding on Bükoos Deep Six Incredible Auction, unless furnished or agreed to, in writing, by an authorized agent.
7. CONSIDERATION OF BIDS Bükoos Deep Six Incredible Auction reserves the right to reject any and all bids, and to waive any technical defects in bids. Auction goods may be sold with a minimum reserve price. If the minimum reserve price is not achieved, Bükoos Deep Six Incredible Auction may withdraw the goods at any time prior to the completion of sale or as provided in paragraph 14.
8. SUBMISSION OF BIDS AND AWARD The Auctioneer will offer each numbered item separately. Buyers will communicate the amount of their bids either orally or by such other means as may be recognized by and acceptable to the Auctioneer. Auction goods will be sold to the highest Buyer when the bid amount is accepted by Bükoos Deep Six Incredible Auction. In the event the bidding does not exceed Bükoos Deep Six Incredible Auction's minimum reserve price, the Auctioneer will close the bidding subject to acceptance by a representative of Bükoos Deep Six Incredible Auction. In the event of a dispute as to the amount bid, item or item number, and/or paddle number of the Buyer, Bükoos Deep Six Incredible Auction reserves the right to reoffer the item in question. Once a bid is accepted by Bükoos Deep Six Incredible Auction, the Buyer may not withdraw the bid. The invoice, as to the name and number of the Buyer, and the amount of the bid shall be prima facie evidence of the fact of sale, and all disagreements will be resolved in accordance with such records along with any and all video recordings and other evidence. Special provisions made by the Buyer will not be acceptable and will be cause for rejection of bids, and will subject Buyer to Bükoos Deep Six Incredible Auction's right of refusing such Buyer access to the auction. The Terms and Conditions of Sale, Warranty Disclaimer and Release, and other attachments constitute a part of the Agreement. All Buyers acknowledge (by signing Agreement) that they have full and complete understanding of the Terms and Conditions of Sale and the Warranty Disclaimer and Release and agree to be bound thereby. The sales catalog\brochure may contain information relating to the Agreement, but such information shall not be construed as modifying the Agreement, including the Terms and Conditions of Sale or the Warranty Disclaimer and Release. For open and progressive voice auction sales, the Buyer is responsible to pay attention to items being offered for sale and to bid only on those items in which he/she is interested. 9. PAYMENT Forms of acceptable payment are cash or cashier's check. Cashier's checks should be made payable to Bükoos Deep Six Incredible Auction. Personal or business checks, bank letters, or letters of credit are not acceptable unless prior authorization is issued by a representative of Bükoos Deep Six Incredible Auction. Acceptance of debit and credit cards is subject to verification and approval by the issuing institution. The Buyer agrees to pay for auction goods awarded to him/her in accordance with his/her bid. Payment of the full purchase price must be made within the time specified in the sales catalog/brochure and prior to delivery of any of the purchased goods. Bank wires may be used for final payment. Final payment will be made by the date specified in the sales catalog/brochure or as arranged by an authorized Bükoos Deep Six Incredible Auction representative.
10. DEPOSIT/PAYMENT Deposits as defined in the sales catalog/brochure will be made immediately at the conclusion of the bidding process. Cash payments of $10,000 or more will be reported to the IRS in accordance with 26 U.S.C. 6050 Section I (d).
11. LIMITATION OF LIABILITY Except for reasonable packing, loading, and transportation costs, the measure of liability to Bükoos Deep Six Incredible Auction or its authorized agent, in any case where liability of Bükoos Deep Six Incredible Auction to the Buyer has been established, shall not exceed the refund of such portions of the purchase price as Bükoos Deep Six Incredible Auction may have received or at Bükoos Deep Six Incredible Auction's option, a replacement of the auction good with a similar product. Any recovery/refund must be specifically authorized in writing by an authorized agent of Bükoos Deep Six Incredible Auction.
12. RECEIPT Upon receipt of the total amount of the purchase price, Bükoos Deep Six Incredible Auction shall provide to the Buyer a receipt for each purchase. Sale documents will be issued in the name of the registered Buyer only.
13. DELIVERY, LOADING, AND REMOVAL The Buyer will make all arrangements and perform all work necessary to effect the removal of purchased goods once the goods are cleared from the auction area. The Buyer shall remove the property at his/her expense within the period of time allowed in the sales catalog/brochure. Auction goods purchased will be released only to the Buyer or his/her authorized representative and only upon presentation of appropriate documentation. When auction goods are described as being boxed, packed, crated, skidded, or in containers, Bükoos Deep Six Incredible Auction does not warrant that the goods, as packaged, are suitable for shipment. Segregation, culling, or selection of auction goods for the purpose of effecting partial or incremental release will not be permitted. All goods purchased must be removed and any expense associated with handling abandoned goods will be collected from the Buyer and subject such Buyer to Bükoos Deep Six Incredible Auction's right of refusing access to subsequent auctions.
14. WITHDRAWAL OF PROPERTY Bükoos Deep Six Incredible Auction reserves the right to withdraw from sale any of the items listed in the sales catalog/brochure or to sell auction goods not listed. If for any reason Bükoos Deep Six Incredible Auction needs to retrieve an item already purchased, the Buyer will release such item voluntarily. When retrieval of the auction good is necessary, Bükoos Deep Six Incredible Auction will pay the Buyer his/her bid price, plus ten (10%) percent.
15. FAILURE TO TAKE DELIVERY Failure to make required payments and/or to remove purchase goods within the time frames specified in the sales catalog/brochure shall be deemed a forfeiture of any rights, title, and interest the Buyer may have acquired in said goods. In the event of such forfeiture, Bükoos Deep Six Incredible Auction shall be entitled to any money paid by Buyer and such shall be considered liquidated damages.
16. DISPUTES Utah law shall govern the Agreement. Any dispute arising from or as a result of the purchase of auction goods is subject to resolution as found in 48 CFR 452.233-1 and is hereby incorporated by reference.
17. APPLICABLE TAXES Buyers is responsible for the payment of any and all applicable taxes. Buyer is required to pay such taxes to the cashiers at the time of sale. If sales taxes are required, presentation of proof of payment will be required prior to the release of purchased goods. If the Buyer is tax exempt, the appropriate forms must be filled out or on file at the registration counter. No refunds of sales tax will be made if the appropriate forms are not filled out at the time of the auction.
18. COMPLIANCE WITH LAW AND INDEMNITY Buyer is responsible to ascertain and to comply with all applicable federal, state, local, and multi-jurisdictional laws, ordinances and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of any auction goods (i.e. copyright, trademark, licensing, false advertising, unfair sales practices, etc.). Buyer shall indemnify and hold harmless Bükoos Deep Six Incredible Auction from and against any claim loss or damage, of any kind, arising from or as a result of buyers conduct.
19. WARRANTY DISCLAIMER AND RELEASE Bükoos Deep Six Incredible Auction (AS OWNER AND/OR CONSIGNEE) DOES NOT WARRANT THE AUTHENTICITY, CONDITION, QUALITY, OR VALUE OF AUCTIONED GOODS, INCLUDING CONFORMITY THEREOF TO ANY APPLICABLE STATE OR FEDERAL LAW. (I.E., COPYRIGHT, TRADEMARK, LICENSING, ETC.)
SELLER EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND RESPECTING THE AUCTIONED GOODS, INCLUDING THE IMPLIED WARRANTIES OF "MERCHANTABILITY" AND "FITNESS FOR ANY USE OR PURPOSE". SELLER DOES NOT WARRANT THE CONDITION OF AUCTIONED GOODS. GOODS ARE SOLD "AS IS", "WHERE IS", AND CONSTITUTE SALVAGED, USED, DISTRESSED AND/OR LIQUIDATED PROPERTY.
BUYER ACKNOWLEDGES ITS CONSENT HERETO AND RELEASES SELLER FROM ANY AND ALL LIABILITY ASSOCIATED WITH THE GOODS AND BUYER'S PURCHASE THEREOF, INCLUDING ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES.
BUYER ACCEPTS ALL LIABILITY AND RESPONSIBILITY RESPECTING PURCHASED GOODS, INCLUDING RESPONSIBILITY FOR THE PROPER TRANSPORTATION, MAINTENANCE, AND CARE THEREOF.
20. INTEGRATION The agreement, including the Terms and Conditions, Auction Rules, Warranty and Disclaimer Release, constitute the agreement as integrated herein.
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