Fall Equipment Auction

Terms and Conditions for Equipment Buyer 
Please Read Carefully Before Bidding!

1.Southern Auction Solutions is hereinafter referred to as Auction Company.  I, the Bidder, am responsible for making settlement for any purchases made with this account within 24 hours, unless I have notified the auction company and have worked out other terms. 

2. NO WARRANTY: ALL ITEMS ARE SOLD “AS IS” “WHERE IS” NO WARRANTY OR GUARANTEE OF ANY KIND. All items are SOLD “As is”, “Where is,” without guarantee of any kind. The descriptions of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the Auction Company (or their agents or officers) concerning any item shall be constructed as a warranty, either expressed or implied. I, the Bidder, have examined this merchandise and accept it the way it is. Auction Company has disclosed all that we are aware of about each item; however, it is the buyer’s responsibility to inspect the item prior to placing a bid. All sales are FINAL with no returns. Neither Auction Company nor seller make any guarantees whatsoever concerning the items to be sold. It is solely up to the bidder to inspect and examine the items to be sold, and to ask any questions if necessary. Buyer should be satisfied as to the condition of the items to be sold prior to, bidding. 

3. I, the Bidder, understand that Buyer’s Premiums of 10%, appropriate tax, and other fees are applied to the total price, and I am responsible for these in addition to my bid price on any given item.   Auction Company reserves the right to charge your credit card the full amount of any or all of bids. When the auctioneer declares the item, "SOLD" when bidding closes the bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full by 5:00 PM CST the day after the auction. Bidders agree to pay a buyer's premium of 10 (%)of the hammer price of each item they purchase. Under state law, sales tax will be collected on the entire amount. Credit Card Processing fee is 3%.  Any purchase not paid for by 5:00 PM CST the day after the auction, will be charged to the credit card you registered, plus Buyer’s Premium 10%, Sales Tax and Credit Card Processing fee of 3%. Unless other payment arrangements have been made. 

4. If I, the Bidder, pay by check or with credit card I guarantee that I have funds on deposit to cover the amount of check or credit card, and I will not stop payment/processing on such transaction. If my payment method is not honored by my bank or credit card, I agree to pay any fees, including attorney and filing fees, necessary to collect it, plus service fee imposed by auction company.  I also understand I may be prosecuted criminally for crimes involved with fraudulently payments. 
 

5. Do Not share login information, you are responsible for every item charged to your bidder number/account. 
 

6. I, the Bidder, acknowledge responsibility for any personal injury or property damage myself or my agent, may cause to persons or property, and agree to hold auction company harmless for any personal injury to myself or my agents or property damage incurred on auction premises. Video and/or Audio-taping of auction site and proceedings may take place without further notification. 

7. The Auction Company acts only as the Seller’s agent. The Auction Company is acting solely as an agent for the Seller. The Auction Company shall assume no liability for representations made, or information provided by the Seller. The Seller & Auction Company reserve the right to accept or reject any or all bids, or to remove any or all items from the auction at any time. This is a Public Auction and as such, all qualified bidders may bid, including Southern Auction Solutions. The Auction Company may bid on behalf of the Seller up to the reserve, whether or not the reserve is published.

8. Online auctions use a “Soft Close” ending process. If a bid is received in the last minute before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are “linked”, keeping one item open for bidding when a different item in the auction has been extended due to active bidding.

9. Inspections – Buyer will have the opportunity to inspect the items prior to the auction.  Any lack of inspection is the Buyers fault. Auction Company recommends you inspect the item prior to bidding. Descriptions believed to be correct but are not guaranteed to be so. Inspection/Preview Availability: Bidder/Buyer acknowledge that Auctioneer and Seller have made all item(s) available for inspection and preview for any person interested in bidding on, and/or purchasing said item(s) at auction.   All item(s) are sold in as-is and where-is condition and Auctioneer has provided a description of said item(s) to the best of Auctioneer’s ability.  All Bidders/Buyers acknowledge that Auctioneer and/or Seller are not experts regarding the item(s) and Bidders/Buyers are solely responsible for inspection each and every item(s) they are considering purchasing and verifying any description provided by Auctioneer.  If Bidders/Buyers choose not to attend any inspection or preview dates held by Auctioneer, then Bidders/Buyers acknowledge that they are purchasing said item(s) at their own risk and cannot hold Auctioneer and/or Seller liable for any deficiency/inaccuracy in the item’s description.

10. Bill of Sale- Seller will provide a Bill of Sale for items which require one. Auction Company has 10 days to provide Bill of Sale to the Buyer after payment is made. 

11. The Issuing of Title- The title will be provided by the Seller within a reasonable time frame. If a problem with a title is found Seller will have a reasonable time to correct the issue.  If the issue cannot be resolved Auction Company will refund the Buyers funds paid only. 

12. Tax Exempt- Dealers that are tax exempt should provide proof of their exception to the auction company. We must have this documentation on file in the event of an audit. If you fail to present proof of your exemption, you will be required to pay sales tax. 

13. Pick up- All items must be removed within seven days of the auction closing, @ 5:00 pm CST, Appointment Required For Load Out.  If the item is not removed it becomes the property of the Auction Company. 

14. Abandonment- Any item not picked up during the pick-up time, within the seven days after the close of the auction @ 5:00 pm CST  it becomes the property of the Auction Company with no refund to the Buyer.
 

15. Storage at auction company discretion: Storage for items that are paid for in full and need a longer pickup time said storage will be in the amount of $25.00 per day and will be charged starting 7 days from the close of the auction. Auction Company is not responsible for any damage and/or theft to any item. Items not paid for see Abandonment above. 

16. Shipping- Shipping will be the responsibility of the Buyer totally. In the event delivery is not made Buyer is only given the amount he/she paid for the item no matter the value. Items can only be shipped to the address associated with the credit card used for payment.  

17. Load Out- Auction Company will assist Buyer in loading items.  Auction Company assumes no liability for damage to the item or to Buyers self, and/or property, vehicle, trailer, etc.  Auction Company is merely assisting Buyer.  We will be available to assist in most cases with load out for seven days after the close of the auction, Appointment Required For Load Out, after that date you will be charged storage and load out fee.  ***Some items are NOT ON SITE***.  These items will be marked according to the location for pickup in the Description. You will be responsible for your own loading/pickup for these items.   

18. Removal-  Auction Company will not be responsible for any damage or theft of any item during or after the Auction.  The item may not leave the premises without being paid in full in the Auction Company Office. I, the Bidder agree, merchandise charged to my account becomes my responsibility as soon as it is SOLD, along with all risk of loss or damage. 

19. Dispute- The Auctioneer shall designate the winning bidder after each item is auctioned. The Auctioneer’s designation of a Buyer shall be final.

20. Missing or Lost Items: Auctioneer and/or Seller are not liable for lost or stolen items purchased at the sale. However, a refund shall be given in the amount of the final bid price, plus Buyer’s Premium, if the personal property item is cataloged as a single lot item.  If the personal property is in a grouped lot with multiple items, the Auctioneer will determine a commensurate amount based upon the missing item for refund to Buyer.

21. Security Interest: Auctioneer and/or Seller retains a security interest in each and every item purchased from Seller by Buyer until such time as Buyer’s tender of funds has been confirmed and cleared by Auctioneer’s credit card processor or bank.   In the event Buyer initiates a “charge back” on Buyer’s credit card for their purchase with Auction Company, Buyer agrees that Auctioneer and/or Seller’s security interest shall be reinstated in any item(s) purchased by Buyer and Buyer shall be responsible for any costs incurred in disputing Buyer’s charge back and pursuing any legal action of replevin of said item(s) including, but not limited to attorney’s fees, court costs, collection costs, repossession costs.

22. Intellectual Property/Likeness: From time to time, the Auction Company will capture, create, and store certain digital property consisting of, but not limited to, audio, photograph(s), video(s), and/or testimonial(s) from persons that utilize our services in their role as a Seller, Bidder, and/or Buyer at events conducted by and related to the Auction Company.   By attending such event and/or utilizing the services of the Auction Company, you hereby grant permission to Auction Company to use these digital files that contain your image, likeness, voice or statements, without compensation, credit or other consideration to you, for Auction Company’s promotional, publicity and other purposes, throughout the world and in perpetuity.  You agree to release, hold harmless and indemnify Auction Company from any and all liabilities and claims involving the use of your image, likeness, voice or statements. -While we reserve the right to photograph and record our auction events, we strive to ensure that photography and videography are used in safe and positive ways. We will not knowingly and intentionally post any photo, video or other recording that would be embarrassing, objectionable or hurtful to any clearly, personally identifiable individual in the recording.

Additionally, if you see a photo or video on Auction Company’s website or social media page (e.g., Facebook) that includes you or your child and would like it removed, please contact us. Please note we cannot remove your image from video or live stream messages. Please understand that Auction Company has no control over the recording, use and posting of images or other media by non-Auction Company staff (e.g., by community members, news outlets) and no ability to remove such media from publications, including internet or social media sites, that are not run by Auction Company.  

23. Venue agrees that this agreement shall be governed by the laws of the State of Alabama and hereby grants sole jurisdiction and agrees to submit to the venue of a court located in Randolph County, Alabama. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Auction Company and bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Randolph County, AL with an arbitrator appointed by the President of the Alabama Auctioneers Association.

24. Attorney’s Fees: In the event Auctioneer has to pursue litigation to enforce the terms of a contract, Bidder/Buyer/Seller shall be responsible for Auctioneer’s attorney’s fees, court costs, and costs of collection. I, Bidder agrees that this agreement shall be governed by the laws of the State of Alabama and hereby grants sole jurisdiction and agrees to submit to the venue of a court located in Randolph County, Alabama. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register.