TERMS AND CONDITIONS
"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.
Bidder's information will not be shared with any other company or third party other
automatic emails from auctioneer about upcoming auctions, information, etc. Bidder's
information will not be sold or rented. If Bidder wishes to discontinue receiving
automated emails from Auctioneer, Bidder may click the unsubscribe link contained in
the email to be automatically removed from the email subscribers list.
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
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
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.