- “J. Durham & Associates, Inc.” is hereafter referred to as “Auctioneer.”
- “The owner or entity selling a property or item through J. Durham & Associates, Inc.” is hereafter referred to as “Seller.”
- “http://www.jdurhamauctions.com” and “http://www.jdurhamauctions.net” is hereafter referred to as the “Site”
- “A registered user on the Site for the purpose of bidding in online auctions” is hereafter referred to as “Bidder”
- “A bidder who has successfully won an auction with the highest bid” is hereafter referred to as the “Buyer.”
These definitions set forth above apply to any all paragraphs and sections of the terms and conditions of the Site set forth below.
The Seller and Auctioneer have set forth information of an auction in that particular auction’s description for the purpose the Bidder’s convenience. All of the information included is believed to be correct to the best of the Sellers and Auctioneers knowledge, and in good faith. It is the Bidder’s responsibility to confirm that the provided information is correct. Relying on provided information without inspecting yourself is the Bidder’s risk. The Bidder must rely solely on their personal inspection of the item being sold. All items are being sold AS IS WHERE IS with NO WARRANTY, whether express or implied, and WITH ALL FAULTS. Please review all information, personally inspect the item being sold yourself, and seek assistance before bidding. No improvements or repairs to items for sale will be made by the Seller or Auctioneer.
AGREEMENT OF TERMS
The Bidder must be registered and agree to these terms before bidding. Any access to all auctions is subject to all specific terms and conditions and all laws and regulations including copyright and trademark laws. By accessing this site, Bidder agrees to all terms and conditions. Auctioneer reserves the right to change any or all of the terms and conditions at any time and for any reason without notice. It is the Bidders responsibility to review these terms and conditions for changes every time Bidder accesses the Site. By accessing the Site, Bidder agrees to any all changes that have been made to the terms and conditions of the Site.
TERMINATION OF AGREEMENT
Auctioneer reserves the right to terminate any and all of these agreements at any time for any reason without notice. These terms and conditions constitute a binding agreement between Bidder and Auctioneer. If Bidder is dissatisfied with the Site or sale in any way, Bidder’s only recourse is to discontinue use of the Site. Auctioneer reserves the right to terminate Bidder’s registration and use of the Site, impose limits, restrict access or use of part of or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE
Auctioneer cannot and will not be held responsible for interruption of service, errors, or omissions caused by any means, and Auctioneer does not guarantee continual, uninterrupted or error free service. The Bidder acknowledges that these auctions are conducted electronically and relies on hardware and software that may malfunction unexpectedly. Auctioneer may void a sale, temporarily suspend bidding, and resale any items that were affected by malfunction. All decisions made by Auctioneer are final.
Auctioneer is representing a seller. The Bidder is a customer. The Bidder is required to acknowledge the agency.
LIMITATION OF LIABILITY
All sales are final. Auctioneer and Seller are not liable for damage to items at the time of the sale, before the sale, or after the sale. All items are sold AS IS WHERE IS and with NO WARRANTIES. Auctioneer or Seller do not make any express or implied guarantees or warranties on items and cannot be held liable as such.
All registered bidders must be 18 years of age or older.
Bidder is required to register before bidding. All information is subject to verification. Registration constitutes complete agreement with the Sites terms and conditions. Auctioneer reserves the right to deny registration at its sole discretion.
All registration information must be accurate and correct. Any falsified information will make registration and any bids or won items null and void. Any payment Bidder has made will be forfeited if provided information is determined to be falsified.
SUSPENSION AND PERMANENT BAN
If Bidder is deemed to have provided falsified information upon registration, or if Bidder has failed to honor a winning bid made under that user’s registered log-in, Auctioneer reserves the right to temporarily suspend, or permanently ban Bidders access to the Site without notice.
All information provided by Auctioneer and Seller is believed to be correct and made in good faith. Information provided in the auction shall not be construed as warranty express or implied. Item are sold AS IS WHERE IS WITH ALL FAULTS and with NO WARRANTY. Bidder acknowledges that all items in an auction are available for inspection prior to the auction. Bidder is strongly encouraged to inspect the items to determine the nature, quality, condition, quantity and size of the. Relying solely on information provided on the Site is done so at Bidder’s own risk. Some states do not allow the disclaimer of implied warranties, so the forgoing disclaimer may not apply to you.
Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Seller and Auctioneer and employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys fees and expenses) related to, arising from, or associated with Bidder’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site’s terms and conditions or any use by Bidder of the site or as a result of a dispute with another bidder.
All bidders are strongly encouraged to inspect all items for quality, nature, condition, quantity and size of the item. The provided information is made on belief of being correct and in good faith. The information provided does not constitute a warranty whether expressed or implied. It is the Bidder’s right and obligation to inspect the item prior to bidding. All items are sold AS IS WHERE IS with ALL FAULTS and with NO WARRANTY. Inspection dates will be made on a per auction basis and will be made known in the particular auctions description.
RIGHT TO ACCEPT OR REJECT
The property or item is being offered for sale subject to Seller acceptance. Seller reserves the right to accept or reject any and all offers for any reason, however, the sole purpose of the Auction is to sell the item.
AUCTION END TIMES
Auctions are timed events. The auction end time will be stated in that particular auctions description. Multiple items in the same auction will all have the same end time unless the items are offered as a Live-Simulcast Auction. Items offered as a Live-Simulcast Auction will open for bidding at the same time as bids at the sale site begin and end once the Auctioneer declares the item sold.
No adjustment will be made with regard to merchandise inventory after the item has been removed from the sale premises, or after the removal deadline whether or not the item has been removed. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
WITHDRAWL OF ITEMS
Auctioneer and Seller reserve the right, for any reason, without notice, to withdraw any and all items from auction. The Sellers of items sold through this Site reserve the right to reject any and all bids in their sole discretion.
Items become the sole responsibility of the Buyer at the close of the auction, and Buyer assumes all risk of loss or damage to property or item until removed from the sale premises. The date by which all merchandise must be removed is posted on an auction- by-auction basis. There are no exceptions to removal deadlines. Buyers who fail to pick up purchases by the removal deadline will incur storage fees in the amount of $100 per day per invoice. Items remaining 30 days after removal deadline will be considered abandoned, and ownership will revert back to the Seller, who may resell or dispose of the items or properties. Any funds paid will be forfeited for failure to abide by the terms of the sale and these terms and conditions.
DISPUTE BETWEEN BIDDERS
The final high bidder shall be designated at the end of each auction. If a dispute arises between two or more bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. The laws of the State of Georgia shall govern the validity, construction, interpretation, and effect of all agreements pertaining to the auction, as well as the auction itself. If any litigation should arise between the parties to this auction that, in any way, involves this contract/invoice or should, in any way, involve the personal property of the auction, the venue for such action shall be Terrell County, Georgia.
Buyer will receive an invoice via email after the close of the auction. Payment must be made through Pay Pal unless otherwise noted in a specific auctions terms and conditions. Any item not paid in full by the stated deadline will be charged to the credit card Buyer supplied at registration.
A 10% buyer’s premium and a 3.5% administration fee will be added to the winning bid price to determine the final selling price.
All sales are subject to appropriate state sales tax laws. If Buyer claims exemption from sales tax, it is the Buyers responsibility to provide the appropriate resale or exemption certificate for each auction at which the Buyer makes a purchase.